The Veteran's appeals for GERD, irritable colon syndrome, an acquired psychiatric disorder other than PTSD including a personality disorder, rectal bleeding, and a right testicular condition have been dismissed. The appeal for service connection for tinnitus has been granted. Service connection for asthma pursuant to the PACT Act is also granted.,The Veteran's appeals for service connection for back condition, left shoulder condition, right shoulder condition, right hip condition, left knee condition, right knee condition, plantar fasciitis, and traumatic brain injury (TBI) are remanded.
The deciding factor: The evidence is in approximate balance on whether the Veteran's tinnitus is related to service. The Board finds a pre-decisional error in not obtaining a medical opinion that adequately addresses the severity of the service-connected PTSD.,The Veteran has been granted service connection for asthma under the PACT Act due to his presumptive exposure to environmental hazards during service in Iraq. An award of service connection for the conditions under the PACT Act can be effective no earlier than August 10, 2022; however, entitlement to service connection prior to that date can be established on a direct basis.
- Claimed conditions
- Gastroesophageal reflux disease (GERD), Irritable colon syndrome, Acquired psychiatric disorder other than PTSD, to include a personality disorder, Rectal bleeding, Right testicular condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2023
- Citation
- A23031365
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 A23031365.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's appeal for service connection for Dupuytren's contracture of the left hand, right hand, and GERD is remanded due to inadequate VA examination opinions and failure to consider toxic exposure risk activities during service.
- Denied
The Veteran's GERD is currently rated at 10 percent disabling, but the Board found that his symptoms do not meet or approximate the criteria for a higher rating.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
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