The Veteran's claim for increased ratings for hiatal hernia with esophageal reflux is being remanded due to the need for a more comprehensive VA examination and opinion.
The deciding factor: The Court found that the June 2019 VA examiner did not substantially comply with the Board's September 2018 remand instructions, necessitating further development of the claim.
- Claimed conditions
- hiatal hernia with esophageal reflux
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2022
- Citation
- 22028721
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 22028721.
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 has granted the Veteran's claim for a total disability rating due to individual unemployability (TDIU) based on his service-connected disabilities, which include gouty arthritis, hiatal hernia with esophageal reflux, lumbar spine degenerative changes, and bilateral lower extremity radiculopathy. The effective date will be determined by the AOJ.
- Denied
The Board denied the Veteran's claim for TDIU due to service-connected disabilities, finding that his conditions did not preclude him from obtaining and maintaining substantially gainful employment.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 30 percent for hiatal hernia with esophageal reflux is denied. The Board finds that the preponderance of the evidence does not support a higher disability rating. The Veteran's skin disability claim is remanded due to inadequate medical opinion.
- Dismissed
The appeal for reopening the cholelithiasis claim and TDIU is dismissed. The hiatal hernia with esophageal reflux rating is remanded.
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