The Board has determined that the VA examinations and opinions obtained were not from physicians, and thus did not comply with the remand directives. The case is being returned to obtain a new examination by a physician.
The deciding factor: The previous medical opinions were not provided by physicians as required by the May 2020 remand directive.
- Claimed conditions
- GERD, esophageal diverticulum
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 7, 2021
- Citation
- 21062391
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 21062391.
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 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.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error, specifically failing to obtain an opinion on whether the Veteran's service-connected disabilities contributed to his accidental drowning death.
- Granted
The Board has granted an initial disability rating of 10 percent for GERD, effective May 31, 2019. The Veteran's GERD is currently manifested by infrequent episodes of epigastric distress and pyrosis.
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