The Board revised the effective date for service connection for GERD from December 26, 2008, to February 26, 2008, based on clear and unmistakable error (CUE). The claims for earlier effective dates for PTSD, TBI, migraines, and bilateral plantar fasciitis were denied. Various increased rating claims were remanded.
The deciding factor: The February 2017 rating decision contained CUE in changing the effective date of service connection for GERD from December 26, 2008, to February 26, 2008, and was revised accordingly. The other claims were denied due to lack of evidence supporting earlier dates or increased ratings.
- Claimed conditions
- Gastroesophageal Reflux Disease (GERD), Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), Migraine Headaches, Bilateral Plantar Fasciitis, Low Back Disability, Bilateral Plantar Fasciitis (Right Foot), Bilateral Plantar Fasciitis (Left Foot), Right Shoulder Disability, Left Shoulder Disability, GERD (Increased Rating), Right Wrist Disability, TBI (Increased Rating), Scar (Increased Rating), Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062949
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.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Partly granted
The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Granted
The Board granted a 10 percent evaluation for the Veteran's GERD, finding that his condition is productive of daily medications to control dysphagia and is otherwise asymptomatic.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
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