The veteran does not have additional disability of hiatal and paraesophageal hernias as a result of VA treatment, which was not caused by carelessness, negligence, or lack of proper skill.
The deciding factor: The veteran's current conditions are attributed to her history of severe reflux disease that required surgical intervention, rather than the VA treatment provided.
- Claimed conditions
- recurrent bronchitis/aspiration pneumonia, hiatal hernias, paraesophageal hernias
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2008
- Citation
- 0838394
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 0838394.
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.
- Denied
The Veteran's claims for increased ratings for hiatal hernia, low back disorder, and irritable bowel syndrome have been denied. The Veteran is currently rated 30 percent for hiatal hernia with paraesophageal hernias and irritable bowel syndrome, a separate 30 percent rating for esophageal stricture, and no more than 20 percent for the service-connected low back disorder since July 11, 2011. A separate 10 percent rating is granted for left lower extremity radiculopathy.
- Granted
The Veteran developed hiatal hernias, paraesophageal hernias, and recurrent bronchitis/aspiration pneumonia as a result of VA surgical procedures performed between December 1996 and June 1997. The Board finds that these conditions are not due to the carelessness or negligence of the VA in providing medical treatment.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C.A. � 1151 are being remanded due to the need for additional development and a Travel Board hearing.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C.A. § 1151 are being remanded due to the need for additional medical opinions and examinations.
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