The Board has remanded the case due to a failure to determine which of the Veteran's conditions, IBS or GERD, is the predominant disability for evaluation purposes and to discuss the Veteran’s GERD symptoms as they relate to the criteria for a higher evaluation.
The deciding factor: The Court noted that the Board failed to make a determination as to which of the Veteran’s disabilities (IBS or GERD) is the predominant disability for evaluation purposes, and remanded the case for further proceedings consistent with its Memorandum Decision.
- Claimed conditions
- Irritable Bowel Syndrome (IBS), Gastroesophageal Reflux Disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175630
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.
- Partly granted
The Board granted an effective date of September 2, 2020, for the grant of service connection for irritable bowel syndrome (IBS) but denied a higher initial rating and TDIU.
- Denied
The Board denied the claim for service connection for irritable bowel syndrome (IBS) as there was no competent or credible evidence of a current diagnosis during the appellate period.
- Granted
The Board granted a 10 percent evaluation for the Veteran's GERD, finding that his condition is productive of daily medications to control dysphagia and is otherwise asymptomatic.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.