The Board denied service connection for a hiatal hernia with GERD and a low back condition as there was no evidence of an in-service injury, disease or event that caused the conditions, nor any evidence that they were aggravated by military service.
The deciding factor: There is no clear and unmistakable evidence showing that the veteran's pre-existing hiatal hernia and GERD worsened during his active duty from February to November 2003. Similarly, there is no evidence of an in-service injury or event causing a low back condition, nor any evidence that it was aggravated by military service.
- Claimed conditions
- hiatal hernia with gastroesophageal reflux disease (GERD), low back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901736
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 Board denied the veteran's claims for increased ratings and other benefits, finding that the evidence did not support higher ratings or additional compensation.
- Remanded (sent back)
The Board remands the claim for service connection of a low back condition to obtain an adequate medical opinion, as the presumption of soundness has not been rebutted.
- Granted
The Board granted service connection for a low back condition, finding that the Veteran's current disability had its clinical onset during his active duty service.
- Granted
The Board granted service connection for a low back condition, resolving reasonable doubt in favor of the Veteran.
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