The Board denied the Veteran's claims for service connection for a respiratory disability, increased initial ratings for lumbar spine and GERD disabilities. The Veteran's respiratory disability was found to have existed prior to service and not aggravated by active duty. For the period from February 27, 2006, to August 19, 2009, the Veteran's lumbar spine disability did not meet criteria for an increased rating beyond 0 percent. Since August 19, 2009, his GERD has been rated at 10 percent disabling.
The deciding factor: The pre-existing respiratory disability was found to have existed prior to service and not aggravated by active duty. The Veteran's lumbar spine disability did not meet criteria for an increased rating beyond the initial 0 percent assigned. His GERD, while symptomatic, has been rated at 10 percent disabling.
- Claimed conditions
- Respiratory Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2010
- Citation
- 1003734
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 1003734.
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
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- Partly granted
The Board granted a 10 percent rating for allergic rhinitis, denied an initial compensable rating for irritable bowel syndrome, and denied an initial rating in excess of 20 percent for right-hand tremors. The claims for service connection for sinusitis, respiratory disability, left-hand tremors, and chronic fatigue syndrome were remanded.
- Denied
The Board denied service connection for chronic fatigue syndrome, fibromyalgia, gastric ulcers, respiratory disability, chronic sinusitis, muscle joint pain of the right and left shoulders, bilateral hearing loss, and traumatic brain injury. The claims were not granted.
- Partly granted
The Board granted service connection for irritable bowel syndrome (IBS) as secondary to the Veteran's service-connected PTSD, but denied service connection for a back disability and a respiratory disability.,The evidence did not support a finding that the Veteran's back or respiratory disabilities were related to his military service.,The Veteran was awarded service connection for IBS based on its association with his PTSD.
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