The Board has determined that the June 2010 rating decision denying service connection for peptic ulcer disease, claimed as gastritis, food poisoning, and lower stomach pain was incorrect due to CUE. The Veteran's condition had its onset during his ACDUTRA period in May 1991.
The deciding factor: The Board found that the June 2010 rating decision incorrectly applied the law by not recognizing a period of Active Duty for Training (ACDUTRA) as active service, and thus committed an error of fact when it failed to determine that the Veteran's peptic ulcer disease had its onset during this period.
- Claimed conditions
- peptic ulcer disease, gastritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104412
Veterans Law Judge
Decisions by this judge: 1,963 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19104412.
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 depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Remanded (sent back)
The Board has remanded the case due to unclear evidence regarding the diagnosis of gastritis and its relation to service. The Veteran needs to provide records, and a VA examiner will review his medical history and determine if gastritis is related to his military service or any other conditions.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Granted
The Veteran's gastritis and esophageal stricture are granted as service-connected.
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