The Board has granted the Veteran's motion to reverse the December 1993 rating decision and grant service connection for hiatal hernia. The effective date of this grant is the day following separation from service, as it was filed within a year of separation. However, the claim for an earlier effective date for residuals of myocardial infraction secondary to hiatal hernia is moot due to the remand on this issue.
The deciding factor: The Board found that there was clear and unmistakable error in the December 1993 rating decision denying service connection for hiatal hernia, as the evidence showed a current disability first diagnosed in-service. The RO misapplied the law by not considering the VA examiner's assessment of hiatal hernia.
- Claimed conditions
- hiatal hernia, myocardial infarction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2018
- Citation
- 18115853
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 18115853.
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 Veteran's service connection claim for coronary artery disease with myocardial infarction is granted on a presumptive basis due to exposure to herbicide agents during his active duty in Korea.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an increased rating for coronary artery disease and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. The decision is pending further action as private treatment records are needed.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate development of her exposure history and lack of adequate medical opinions. The case will be returned to the AOJ for further action.
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