The Board denied service connection for gastroesophageal reflux disease, left shoulder disability, hypertension, and low back disability as the preponderance of evidence was against a finding that these conditions were incurred in or aggravated by active duty. The claim for an increased rating for bilateral hearing loss was not addressed.
The deciding factor: The lack of competent evidence showing a current diagnosis of gastroesophageal reflux disease, left shoulder disability, hypertension, and low back disability, as well as no competent evidence linking these conditions to service, led to the denial of the claims. The Veteran's statements alone were insufficient to establish a nexus between his claimed disabilities and active duty.
- Claimed conditions
- gastroesophageal reflux disease, left shoulder disability including degenerative joint disease of the left shoulder, hypertension, low back disability including degenerative joint disease and degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2009
- Citation
- 0904952
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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