The Board has determined that there was clear and unmistakable error in the October 1996 rating decision, which denied service connection for a stomach disorder including peptic ulcer. The Veteran's claim is granted as his condition was shown within one year of separation from service.
The deciding factor: The RO failed to acknowledge the showing of a peptic ulcer within the one-year period immediately following the Veteran's separation from service in May 1966 or afford him the presumption of service incurrence for a chronic disease such as a peptic ulcer shown within the one-year period after service discharge.
- Claimed conditions
- stomach disorder, peptic ulcer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2013
- Citation
- 1304995
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 1304995.
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.
- Partly granted
The Veteran's appeal includes claims for service connection for a peptic ulcer and an initial rating for his right shoulder disability. The Board has remanded the issues of service connection for the peptic ulcer and the right shoulder disability, while denying an increased rating for the right shoulder disability and remanding the issue of effective date for TDIU prior to January 4, 2014.
- Granted
The Veteran's stomach disorder is denied as there is no evidence of a service connection. However, the Veteran's bilateral hearing loss is granted as it is related to his military service.
- Remanded (sent back)
The Board has remanded the case due to new evidence received since the November 2023 SSOC, and for an addendum VA opinion regarding the etiology of the Veteran's gastrointestinal disorder.
- Granted
The Veteran's service connection claims for various conditions are granted, except for stomach disorder, erectile dysfunction, neck disorder, migraine headaches, bilateral pes planus, acquired psychiatric disorder (anxiety), back disability, and hemorrhoids.
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