The Board has remanded the case to obtain an additional medical opinion regarding the severity of the Veteran's GERD with hiatal hernia without the use of continuous medication.
The deciding factor: The Board found that it did not adequately consider the severity of the Veteran’s GERD when he did not take his medication, as required by Jones v. Shinseki (2012).
- Claimed conditions
- Gastroesophageal reflux disease (GERD) with hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2019
- Citation
- 19115391
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 19115391.
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 the veteran's appeal for a rating in excess of 10 percent for service-connected GERD with hiatal hernia, as there was no evidence of recurrent esophageal stricture(s) causing dysphagia requiring dilation.
- Remanded (sent back)
The Board remands the claims for service connection for diabetic neuropathy of both upper extremities and GERD with hiatal hernia to obtain outstanding medical records.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as a TDIU.
- Denied
The Board denied an initial rating in excess of 10 percent for GERD with hiatal hernia as the Veteran's symptoms did not result in considerable impairment of health.
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