The Veteran's disability ratings for hiatal hernia repair, cholecystectomy, small bowel obstruction, and excision of leiomyomatous hamartoma of the distal ileum have been denied as his symptoms do not meet the criteria for a higher rating under Diagnostic Code 7301.
The deciding factor: The Veteran's disability does not demonstrate moderately severe symptoms including a partial obstruction manifested by delayed motility of barium meal and some prolonged episodes of pain, which are required for a 30 percent rating under Diagnostic Code 7301.
- Claimed conditions
- Hiatal hernia, Cholecystectomy, Small bowel obstruction, Excision of leiomyomatous hamartoma of the distal ileum
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2010
- Citation
- 1009647
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 1009647.
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.
- Denied
The Board denied a compensable rating for the Veteran's GERD with hiatal hernia and dysphagia, finding that there was no documented history of esophageal stricture requiring daily medications to control dysphagia.
- Remanded (sent back)
The Veteran's claim for an initial compensable rating for his service-connected GERD and hiatal hernia status post Nissen fundoplication is being remanded due to the need for a retrospective medical opinion regarding the severity of his symptoms at the time of the March 2021 VA examination.
- Granted
The Veteran's disability ratings for PTSD with major depressive disorder, and panic disorder to include insomnia, and GERD were reduced. The motion to revise these decisions based on CUE is granted.
- Remanded (sent back)
The Board has decided to remand the case for a new medical opinion regarding the Veteran's eligibility for PCAFC benefits due to insufficient reasoning in the previous decision. The claim will be reconsidered based on all available evidence, including lay statements and medical opinions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.