The Veteran's appeal for an increased rating for degenerative joint and disc disease, thoracolumbar spine was denied due to failure to report for a VA examination. The claim for service connection for GERD was also denied as there is no clear and unmistakable evidence that the condition preexisted any period of service or was aggravated by such service.
The deciding factor: The VA examiner found that the Veteran's GERD did not clearly and unmistakably exist prior to any period of active duty service, and it is less likely than not incurred in or caused by any period of active service.
- Claimed conditions
- Degenerative joint and disc disease, thoracolumbar spine, Gastroesophageal reflux disease (GERD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070703
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Granted
The Board granted service connection for bilateral hearing loss, arthritis of the cervical spine, cervical radiculopathy of the left arm, back disability, left elbow condition, left shoulder condition, left wrist condition, left hand condition, hypertension, and an initial rating of 10 percent for coronary arteriosclerosis prior to September 24, 2024.
- Denied
The Board denied the claims for service connection for a facial injury, head injury, and left thumb injury as there was no evidence of current disability or functional impairment. The claims for GERD, squamous mucosa, migraine headaches, and hypertension were remanded for further development.
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