The veteran's hiatal hernia and GERD have been rated at 60 percent disabling. However, his employment was terminated for tampering with a witness, which does not affect his current employability status. The RO has not addressed the TDIU claim due to service-connected disabilities, including hiatal hernia.
The deciding factor: The veteran's disability picture is best reflected by Diagnostic Code 7346 (hiatal hernia), and he currently meets the criteria for a 60 percent evaluation under this code. The RO has not adjudicated his TDIU claim based on this disability, which may affect his eligibility for benefits.
- Claimed conditions
- hiatal hernia, gastroesophageal reflux disease (GERD), status post Nissen fundoplication
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 4, 2006
- Citation
- 0609779
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
- Denied
The Board denied the claims for an initial compensable disability rating for right inguinal hernia surgery and service connection for a low back disability, as well as remanded the claims for service connection for GERD and entitlement to an increased rating for hypertension.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
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