The Veteran's claim for a 30% evaluation for cholecystectomy with GERD is denied as it was not factually ascertainable that the condition warranted such an increase in the year prior to February 26, 2015. The effective date of his service-connected disability remains at May 3, 2013. His claim for erectile dysfunction and special monthly compensation based on loss of use of a creative organ is granted with effective dates of February 11, 2009.
The deciding factor: The Veteran's cholecystectomy with GERD was not factually ascertainable to warrant an earlier effective date prior to February 26, 2015.
- Claimed conditions
- cholecystectomy with GERD, erectile dysfunction
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- April 30, 2019
- Citation
- 19133452
Veterans Law Judge
Decisions by this judge: 1,612 · Granted: 16% (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 19133452.
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 claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Granted
The Board has granted service connection for prostate cancer, coronary artery disease (CAD), diabetes mellitus type II (DM II), hypertension, and erectile dysfunction as secondary to service-connected DM II. The Veteran's exposure to Agent Orange during active service is presumed.
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