The Veteran's claim for service connection for residuals of ligation and reimplantation of aberrant right subclavian artery has been reopened, but the appeal is remanded due to unclear determination regarding whether the condition existed prior to service. The Veteran's GERD with dyspepsia, IBS, sleep disturbance, hiatal hernia, and fundoplication claim remains in dispute and is also remanded for further development.
The deciding factor: The medical opinion requested will determine if the Veteran’s aberrant right subclavian artery was a congenital defect or disease that may have been aggravated by service.
- Claimed conditions
- residuals of ligation and reimplantation of aberrant right subclavian artery (other than GERD with dyspepsia, IBS, sleep disturbance, hiatal hernia, and fundoplication)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20002583
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.
- Denied
The Board denied service connection for chronic kidney disease, atrial fibrillation, hiatal hernia, COPD, and prostate cancer as a result of toxic exposure during the Veteran's military service.
- Partly granted
The Board granted a 30 percent disability rating for GERD and hiatal hernia, effective March 31, 2020, but denied an earlier effective date and a higher initial rating.
- Remanded (sent back)
The Board remands the claim for a higher rating for sleep disturbance to correct an error in the duty to assist, specifically whether the Veteran's sleep disturbance symptoms are controlled by continuous medication.
- Dismissed
The appeal for an initial rating in excess of 70 percent, effective March 18, 2021, for post-traumatic stress disorder (PTSD) was withdrawn by the Veteran prior to the Board's decision and thus is dismissed.
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