The petition to reopen the previously denied claim of entitlement to service connection for hiatal hernia is denied.,The petition to reopen the previously denied claim of entitlement to service connection for gastroesophageal reflux disease (GERD), to include as secondary to hiatal hernia, is denied.,The petition to reopen the previously denied claim of entitlement to service connection for surgical scars secondary to hiatal hernia, based on the receipt of new and material evidence, is denied.,The petition to reopen the previously denied claim of entitlement to service connection for bilateral hearing loss, based on the receipt of new and material evidence, is granted.
The deciding factor: New and material evidence has not been received to reopen the claims for hiatal hernia, GERD, or surgical scars secondary to hiatal hernia.,Evidence submitted since the February 2015 rating decision does not relate to an unestablished fact necessary to substantiate the underlying claim of entitlement to service connection for GERD and does not raise a reasonable possibility of substantiating the claim.,New and material evidence has not been received to reopen the claims for hiatal hernia or surgical scars secondary to hiatal hernia. The treatment records do not provide opinions linking these conditions with service.,Evidence submitted since the September 2009 rating decision consists of VA treatment records and a November 2016 VA examination, which indicates that the Veteran has a current diagnosis of bilateral hearing loss under VA regulations.
- Claimed conditions
- hiatal hernia, gastroesophageal reflux disease (GERD), surgical scars secondary to hiatal hernia, bilateral hearing loss
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2019
- Citation
- 19120434
Veterans Law Judge
Decisions by this judge: 1,797 · Granted: 20% (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 19120434.
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's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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