The appeal for an initial evaluation in excess of 10 percent for GERD is dismissed. The claims for service connection for chronic fatigue syndrome, digestive system disorder (IBS), respiratory disorder (rhinitis and sarcoidosis), and joint and muscle pain are reopened due to new and material evidence.
The deciding factor: New and material evidence has been received that relates to unestablished facts necessary to substantiate the claims.
- Claimed conditions
- Gastroesophageal reflux disease (GERD), Chronic Fatigue Syndrome, Digestive System Disorder (IBS), Respiratory Disorder (Rhinitis and Sarcoidosis), Joint and Muscle Pain (Aching Joints, including hands and wrists)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- November 7, 2022
- Citation
- 22062240
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 22062240.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Remanded (sent back)
The Board denied the Veteran's claim for specially adapted housing and remanded the claim for service connection for fatigue (claimed as chronic fatigue syndrome) due to insufficient evidence.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Partly granted
The Board granted service connection for cirrhosis, hepatitis C, hepatocellular carcinoma, gastroesophageal reflux disease (GERD), gastritis, Barrett's esophagus, and obstructive sleep apnea but dismissed the claim for an acquired psychiatric disability.
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