The Board has ordered the RO to adjudicate whether there was CUE in assigning a 10 percent evaluation for GERD with hyperextension of LES, either by a failure to assign a separate rating or a higher rating under a more applicable code covering LES symptoms. The RO must also consider the Veteran's earlier effective date claim based on CUE.
The deciding factor: The Board found that the November 2022 rating decision did not address both aspects of the Veteran's CUE contention, and thus did not comply with the April 2022 remand directive to adjudicate both issues in a single rating decision.
- Claimed conditions
- GERD, hyperextension of lower esophageal sphincter (LES), esophageal stricture
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2023
- Citation
- 23024768
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 23024768.
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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