The Board previously denied the Veteran's claims for service connection for a cervical spine disability, GERD, erectile dysfunction, and bilateral peripheral neuropathy. The Court of Appeals for Veterans Claims (CAVC) has remanded these issues due to errors in the Board’s decision-making process.,The CAVC found that the Board failed to account for the Veteran's combat status and did not make a finding regarding whether his lay statements were sufficient to establish service connection for his cervical spine disability. The CAVC also noted that the delay in diagnosis of his GERD symptoms after service was unclear.
The deciding factor: The Court of Appeals for Veterans Claims (CAVC) found errors in the Board's decision-making process regarding the Veteran's claims, specifically related to the lack of consideration of his combat status and lay statements.
- Claimed conditions
- Cervical spine disability (neck condition), Gastroesophageal reflux disease (GERD), Erectile dysfunction, Bilateral peripheral neuropathy of the lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2019
- Citation
- 19171833
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 19171833.
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.
- Remanded (sent back)
The Veteran's appeal for service connection for Dupuytren's contracture of the left hand, right hand, and GERD is remanded due to inadequate VA examination opinions and failure to consider toxic exposure risk activities during service.
- Denied
The Veteran's GERD is currently rated at 10 percent disabling, but the Board found that his symptoms do not meet or approximate the criteria for a higher rating.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
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