The Veteran's claims for compensation under 38 U.S.C.A. § 1151 are being remanded due to the need for additional medical opinions and examinations.
The deciding factor: Additional medical opinions and examinations are needed to address the etiology of the claimed hiatal hernias, paraesophageal hernias, recurrent bronchitis/aspiration pneumonia, and whether any disability resulted from an event not reasonably foreseeable.
- Claimed conditions
- hiatal hernias, paraesophageal hernias
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2010
- Citation
- 1025670
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 1025670.
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.
- Denied
The Veteran's claims for increased ratings for hiatal hernia, low back disorder, and irritable bowel syndrome have been denied. The Veteran is currently rated 30 percent for hiatal hernia with paraesophageal hernias and irritable bowel syndrome, a separate 30 percent rating for esophageal stricture, and no more than 20 percent for the service-connected low back disorder since July 11, 2011. A separate 10 percent rating is granted for left lower extremity radiculopathy.
- Granted
The Veteran developed hiatal hernias, paraesophageal hernias, and recurrent bronchitis/aspiration pneumonia as a result of VA surgical procedures performed between December 1996 and June 1997. The Board finds that these conditions are not due to the carelessness or negligence of the VA in providing medical treatment.
- Denied
The veteran does not have additional disability of hiatal and paraesophageal hernias as a result of VA treatment, which was not caused by carelessness, negligence, or lack of proper skill.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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