The Board denied the claim for an evaluation in excess of 30 percent for hiatal hernia with GERD, maintaining the already granted 30 percent evaluation.
The deciding factor: The appellant's disability was found to be manifested by daily reflux and occasional difficulties with vomiting, swallowing, and chest and arm pain. The Board also noted that the appellant has been found to be totally disabled by the Social Security Administration due to a non-service-connected back disability.
- Claimed conditions
- hiatal hernia with gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2009
- Citation
- 0907465
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending before the Board of Veterans' Appeals.
- Denied
The Board denied service connection for type II diabetes and denied increased ratings for various disabilities, including degenerative joint disease of the lumbar spine, radiculopathy, hiatal hernia with GERD, status post bilateral inguinal hernia repair, bilateral hearing loss, and other specified trauma and stressor related disorder.
- Denied
The Board denied the Veteran's claim for an increased rating in excess of 10 percent for hiatal hernia with gastroesophageal reflux disease as the evidence did not show symptoms productive of considerable impairment of health.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including VA examinations to assess the severity of her service-connected hiatal hernia and cholecystectomy, as well as a new examination to determine the nature and etiology of her IBS.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.