The November 2006 Board decision denied entitlement to a rating in excess of 30 percent for hiatal hernia, and denied an effective date prior to August 18, 1995, for the grant of service connection for COPD/chronic bronchitis, as well as grants of increased ratings and TDIU. The veteran now contends that these determinations contain clear and unmistakable error (CUE).
The deciding factor: The Board found that the correct facts were known at the time and did not involve misapplication of the law.
- Claimed conditions
- hiatal hernia, chronic obstructive pulmonary disease (COPD)/chronic bronchitis, lumbar spine injury, arthritis, Scheuerman's disease, kyphosis of the thoracic spine, and right thigh hyperthesia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2008
- Citation
- 0802199
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0802199.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate development of her exposure history and lack of adequate medical opinions. The case will be returned to the AOJ for further action.
- Granted
The Veteran's TDIU rating is granted with an effective date of March 15, 2017.
- Remanded (sent back)
The Veteran's initial disability rating for migraine headaches has been granted at 50 percent. The issue of service connection for hiatal hernia and esophagitis, related to PTSD, is remanded due to inadequate medical opinions.
- Granted
The Veteran's GERD with hiatal hernia is rated at a 30 percent disability rating, effective March 12, 2021.
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