The Board denied the veteran's claims for increased evaluations for his postoperative hiatal hernia and ventral hernia, finding that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.
The deciding factor: The veteran's symptoms of epigastric pain, pyrosis, nausea, very slow swallowing, but without hematemesis, melena, moderate anemia or severe impairment of health have been consistent with a 30 percent evaluation for hiatal hernia and a 20 percent evaluation for ventral hernia.
- Claimed conditions
- Postoperative hiatal hernia, Postoperative ventral hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2008
- Citation
- 0823954
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 0823954.
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 several issues related to the Veteran's service connection claims, including those for postoperative hiatal hernia with abdominal scar, painful umbilical hernia scar, and an acquired psychiatric condition. The issues of angina and heart problems are also being deferred due to their dependency on the outcome of the service connection claim for an acquired psychiatric condition.
- Dismissed
The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn. The Board also dismissed the claims as they are not in appellate status.
- Granted
The Board has granted increased evaluations for postoperative ventral hernia, postoperative adhesions of the peritoneum, onychomycosis of the toes, and sleep apnea syndrome. The appellant's claims are now rated at their maximum levels.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.