The Veteran's hiatal hernia with GERD and Barrett’s esophagus, status post laparoscopic Nissen fundoplication and hiatal hernia repair, is rated as 30 percent disabling from May 28, 2013. A separate 10 percent rating for a painful surgical scar associated with the procedure is granted. The Veteran's claim for an increased rating remains pending.
The deciding factor: The Veteran’s symptoms of dysphagia, pyrosis (heartburn), regurgitation, substernal pain, and sleep disturbance have been productive of considerable impairment of health since May 28, 2013.
- Claimed conditions
- hiatal hernia, GERD (Gastroesophageal Reflux Disease), Barrett's esophagus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2019
- Citation
- 19104703
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 chronic kidney disease, atrial fibrillation, hiatal hernia, COPD, and prostate cancer as a result of toxic exposure during the Veteran's military service.
- Partly granted
The Board granted a 30 percent disability rating for GERD and hiatal hernia, effective March 31, 2020, but denied an earlier effective date and a higher initial rating.
- Denied
The Board denied service connection for diabetes mellitus type II, gastroesophageal reflux disease (GERD), hiatal hernia, stage 3 chronic kidney disease, varicose veins of the right lower extremity, and varicose veins of the left lower extremity as there was no evidence to support a nexus between these conditions and the Veteran's service.
- Dismissed
The appeal was dismissed due to a prohibited concurrent election under VA claims processing rules.
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