The Board finds that the preponderance of evidence is against restoration of a 30 percent rating for service-connected status post sigmoidectomy for diverticulitis and diverticulosis with sliding hiatal hernia and gastroesophageal reflux.
The deciding factor: There is no objective medical evidence that the veteran's service-connected disability is manifested by partial obstruction, which is required to warrant a 30 percent rating under DC 7301.
- Claimed conditions
- diverticulitis, diverticulosis, sliding hiatal hernia, gastroesophageal reflux
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 10, 2008
- Citation
- 0838749
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 0838749.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim of entitlement to service connection for a colon condition, including as caused by herbicide agent exposure or secondary to his service-connected disabilities, was denied. The Board found that the evidence did not support a finding of service connection on any basis.
- Dismissed
The Veteran's appeals for a compensable rating for chronic diarrhea, service connection for diverticulitis, and service connection for a respiratory system disability to include restrictive lung disease and sleep apnea syndrome have been dismissed due to the Veteran's death.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, and will need to obtain an addendum medical opinion regarding the nature and etiology of the Veteran's diverticulosis and colon tumor.
- Granted
The Veteran's service connection claims for various conditions, including adjustment disorder, benign skin lesions, actinic keratosis, poikiloderma, porokeratosis, Parkinson's disease, benign prostatic hypertrophy, hypertension, increased urinary frequency, diverticulosis, duodenal ulcer, and bilateral cataracts are all granted due to exposure to herbicide agents, mustard gas, and ionizing radiation during service.
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