The Veteran's hiatal hernia with GERD, RLE superficial varicosities, and LLE superficial varicosities are each rated at 10 percent prior to specific dates. The Board has found that the Veteran is entitled to a higher rating for his hiatal hernia with GERD but not for his RLE or LLE superficial varicosities.,The Veteran's left shoulder DJD, right knee DJD, and left knee DJD are each remanded for further adjudication as there may be additional evidence or information that could affect the initial rating assigned.
The deciding factor: The Board found that the Veteran’s hiatal hernia with GERD warrants a higher rating due to persistent symptoms such as dysphagia, indigestion, and occasional regurgitation. However, for his RLE and LLE superficial varicosities, there is no evidence of persistent edema or other conditions warranting a higher rating.,The remanded issues involve left shoulder DJD, right knee DJD, and left knee DJD. The Board noted that additional information may be needed to determine the appropriate initial ratings for these conditions.
- Claimed conditions
- Hiatal Hernia with GERD, Right Lower Extremity (RLE) Superficial Varicosities, Left Lower Extremity (LLE) Superficial Varicosities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2020
- Citation
- 20063442
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 20063442.
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 service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities and a 30 percent rating for hiatal hernia with GERD, but remanded the issue of entitlement to TDIU.
- Granted
The Veteran's right knee disability, rated at 30 percent prior to December 11, 2012, is now rated at 60 percent effective from that date.,The Veteran has been granted TDIU based on her service-connected disabilities.
- Granted
The Veteran's bilateral hearing loss, obstructive sleep apnea, migraines, and hiatal hernia with GERD have resulted in a compensable rating of zero percent. The Board has granted an earlier effective date of March 5, 2018 for Total Disability based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA).
- Granted
The Veteran is granted a rating of 30 percent for hiatal hernia with GERD, effective from April 26, 2016. The claim for separate rating for GERD and service connection for left knee disability are not addressed as they were not part of the appeal.
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