The Veteran's claim for service connection for chronic pain as due to an undiagnosed illness is denied.,Service connection for bilateral pes planus is denied because the preexisting condition did not increase in severity during or as a result of active duty service.,Service connection for gastroesophageal reflux disease (GERD) and temporomandibular joint disorder (TMJ) jaw injury are both denied due to lack of evidence linking these conditions to service.,The Veteran's claim for service connection for headaches is remanded, indicating further review is needed.
The deciding factor: There was no objective evidence of a chronic condition manifested during service or within the presumptive period that could be attributed to active service. The Veteran’s complaints of pain were not supported by contemporaneous medical records and post-service evidence did not show current disability attributable to active service.,The preexisting bilateral pes planus clearly and unmistakably did not increase in severity during or as a result of active duty service, thus the claim is denied.,There was no objective evidence linking GERD and TMJ to service. The Veteran's complaints were associated with post-service neck injury rather than service.,Further review is needed to determine if there is any current disability attributable to active service.
- Claimed conditions
- chronic pain, bilateral pes planus, gastroesophageal reflux disease (GERD), temporomandibular joint disorder (TMJ) jaw injury, headaches
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2019
- Citation
- 19106293
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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
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