The Board has remanded the issues of whether new and material evidence has been received to reopen a claim of entitlement to service connection for disability of the lumbosacral spine, entitlement to service connection for sleep disorder, and entitlement to an increased rating for hiatal hernia with gastroesophageal reflux disease. The Veteran's current hiatal hernia with GERD is currently rated as 30 percent disabling.
The deciding factor: The Veteran's hiatal hernia with GERD has been shown to cause persistent recurrent epigastric distress, including dysphagia, pyrosis, and regurgitation, which have resulted in considerable impairment of health but not severe impairment.
- Claimed conditions
- lumbar spine disability, sleep disability, hiatal hernia with gastroesophageal reflux (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 10, 2009
- Citation
- 0934003
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 0934003.
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 has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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