The Veteran's appeal is REMANDED to the agency of original jurisdiction (AOJ) for a VA examination and consideration of extraschedular evaluation for her service-connected GERD, IBS, and status post-cholecystectomy. The AOJ must also consider an initial rating in excess of 60 percent for these conditions.
The deciding factor: The Veteran's symptoms are not fully addressed by the relevant Diagnostic Code (38 C.F.R. § 4.11, DC 7332) and a new VA examination is needed to determine the current severity of her GERD, IBS, and status post-cholecystectomy.
- Claimed conditions
- GERD, irritable bowel syndrome (IBS), status post-cholecystectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2019
- Citation
- 19100694
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 Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with the exception of remanding certain issues.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
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