The veteran's claim for service connection for gastro-esophageal reflux disease (GERD) was remanded for further development, including a VA examination and obtaining private treatment records.
The deciding factor: The Board found no medical evidence of in-service incurrence or nexus to service, and the Court vacated the decision requiring further development due to insufficient explanation regarding the duty to assist provisions under 38 U.S.C. § 5103A(d).
- Claimed conditions
- gastro-esophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0903009
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for gastro-esophageal reflux disease (GERD) as secondary to right shoulder bursitis, resolving reasonable doubt in the Veteran's favor.
- Granted
The Board granted an initial 30 percent rating for gastro-esophageal reflux disease (GERD) from April 1, 2020.
- Denied
The Veteran's bilateral hearing loss is not service-connected as there was no evidence of a hearing loss disability during or after service.,There is insufficient evidence to establish that the Veteran's hypertension, GERD, ED, insomnia, and depression are related to his military service.,The Veteran did not have any complaints, treatment, or diagnosis for these conditions in service. There is also no evidence linking them to his active duty.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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