The Veteran's appeal is remanded for additional development, including VA examinations to assess the severity of her service-connected hiatal hernia and cholecystectomy, as well as a new examination to determine the nature and etiology of her IBS.
The deciding factor: The Board finds that further evidence is needed to fully address the Veteran's claims due to incomplete development in previous VA examinations.
- Claimed conditions
- hiatal hernia with gastroesophageal reflux disease (GERD), status-post cholecystectomy, mild gastritis, steatohepatitis with hepatomegaly and hemangioma of the liver
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 23, 2020
- Citation
- 20080726
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending before the Board of Veterans' Appeals.
- Denied
The Board denied service connection for type II diabetes and denied increased ratings for various disabilities, including degenerative joint disease of the lumbar spine, radiculopathy, hiatal hernia with GERD, status post bilateral inguinal hernia repair, bilateral hearing loss, and other specified trauma and stressor related disorder.
- Granted
The Board granted a disability rating of 30 percent for the Veteran's Crohn's disease, with status-post cholecystectomy, chronic cholecystitis, gallstone pancreatitis, and status-post resection of small intestine.
- Denied
The Board denied the Veteran's claim for an increased rating in excess of 10 percent for hiatal hernia with gastroesophageal reflux disease as the evidence did not show symptoms productive of considerable impairment of health.
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