The Veteran's appeals for gall stones, chronic nausea, and gastroesophageal reflux disease (GERD) have been dismissed. The appeal for recurrent paresthesias and tic compulsive has been remanded.
The deciding factor: The Veteran withdrew his appeals for gall stones and chronic nausea during the May 2019 hearing before the undersigned.
- Claimed conditions
- Chronic Nausea, Gall Stones (also claimed as H. Pylori), Gastroesophageal Reflux Disease (GERD), Recurrent Paresthesias, Tic Compulsive (also claimed as Restless Leg Syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180904
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Partly granted
The Board denied earlier effective dates for service connection and increased ratings, except for a granted 30 percent rating for headache disability.
- Partly granted
The Board granted service connection for headaches and right hand strain, increased the ratings for PTSD, bilateral hearing loss, dyshidrotic eczema, and hypertension, and denied service connection for Parkinsonism, pes planus/flat feet, GERD, tinea versicolor, allergic rhinitis, and tinnitus. The Board also granted a TDIU.
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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.