The Board has remanded the claims for service connection for gastrointestinal disability and obstructive sleep apnea due to new evidence received since a previous denial. The Veteran's claim for service connection for CAD was granted with an effective date of May 23, 1994 based on medical records showing a diagnosis of CAD at that time.
The deciding factor: The earlier effective date for the grant of service connection for CAD is due to the earliest record showing a diagnosis and treatment for CAD being May 23, 1994. The Veteran did not previously claim entitlement to service connection for CAD or any related condition prior to this date.
- Claimed conditions
- gastritis, GERD
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2019
- Citation
- 19188006
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (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 19188006.
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 Board has remanded the case due to unclear evidence regarding the diagnosis of gastritis and its relation to service. The Veteran needs to provide records, and a VA examiner will review his medical history and determine if gastritis is related to his military service or any other conditions.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA opinion and a need for further examination.
- Denied
The Veteran's claim for service connection for GERD is granted, and the appeal to restore a 40% rating for lumbosacral strain with degenerative arthritis, degenerative disc other than IVDS, central canal stenosis, and scoliosis prior to June 1, 2024 is dismissed.
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