The Veteran's appeal involves multiple issues, including service connection for GERD and a cervical spine disability. The lung disorder claim is pending as it requires establishing service connection based on secondary to GERD. The AOJ must obtain SSA records, consider additional evidence not previously considered, clarify the etiology of the Veteran's cervical spine disability, reopen the lung disorder claim if entitlement to service connection for GERD is established, and schedule a VA examination.
The deciding factor: The appeal involves multiple issues including service connection for GERD and a cervical spine disability. The lung disorder claim requires establishing service connection based on secondary to GERD. Clarification of the etiology opinion regarding the Veteran's cervical spine disability is needed as well as reopening the lung disorder claim if entitlement to service connection for GERD is established.
- Claimed conditions
- gastroesophageal reflux disease (GERD), cervical spine disability, lung disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2010
- Citation
- 1011478
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 1011478.
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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
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