The Veteran's esophageal disability was granted service connection as secondary to his service-connected anxiety reaction, and an effective date of January 31, 1992 was assigned. The appellant contends that the November 1997 rating decision contains clear and unmistakable error (CUE).
The deciding factor: The RO incorrectly applied the applicable statutory and regulatory provisions for effective dates existing at the time.
- Claimed conditions
- esophageal disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 19, 2012
- Citation
- 1232224
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 1232224.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 esophageal disability, including hiatal hernia, gastroesophageal reflux disease (GERD), stricture of the esophagus, gastritis, and eosinophilic esophagitis. The decision finds that the Veteran's symptoms began during active service and have continued since then.
- Granted
The Board granted service connection for a back disability and denied service connection for neck, left ankle, right ankle, left trochanteric pain syndrome, OSA, esophageal disability, left wrist, and right knee disabilities. The decision is based on the Veteran's competent and credible statements regarding symptom onset during service.
- Denied
The Veteran's claims for jaw, esophageal, left hip, left ankle, right ankle, voiding, and right hip disabilities have been denied as there is no current disability found at any time during or recent to the filing of the claim.,No VA examination was obtained for these conditions. The Board finds that the post-service treatment records do not provide evidence of a diagnosed condition.
- Dismissed
The Veteran's claims for service connection for various conditions are dismissed due to untimely filing of the Notice of Disagreement (NOD). The appeal is also dismissed as there was no good cause shown for the late filing.
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