The Veteran's GERD symptoms are not productive of considerable impairment of health, and a higher rating is denied.,Prior to August 19, 2016, there was no formal claim for an increased rating for back disability or left shoulder disability. The increase in severity of the disabilities was not factually ascertainable in the one year prior to August 19, 2016.,The Veteran's left shoulder and bilateral knee disabilities have worsened since his last examination in 2016, and current examinations are needed before adjudicating these increased rating claims.,Lumbar spine disability: The matter is remanded for further evaluation.,Left shoulder disability: The matter is denied as the Veteran's claim was not received within one year of a prior decision.,Left knee instability: The matter is remanded for further evaluation.,Left knee degenerative arthritis manifested by limitation of extension: The matter is remanded for further evaluation.,Right knee degenerative arthritis: The matter is remanded for further evaluation.

The deciding factor: The Veteran's GERD symptoms are not productive of considerable impairment, as they do not meet the criteria for a higher rating. The increase in severity was not factually ascertainable prior to August 19, 2016.,Prior claims for increased ratings were denied due to lack of formal or informal claim within one year of the prior decision. The increase in severity was not factually ascertainable in the one year prior to August 19, 2016.,The Veteran's left shoulder and bilateral knee disabilities have worsened since his last examination, necessitating further evaluation before determining if a higher rating is warranted.,Lumbar spine disability: The matter is remanded for further evaluation as the increase in severity was not factually ascertainable prior to August 19, 2016.,Left shoulder disability: The matter is denied due to lack of formal or informal claim within one year of a prior decision.,Left knee instability and left knee degenerative arthritis manifested by limitation of extension: The matters are remanded for further evaluation as the increase in severity was not factually ascertainable prior to August 19, 2016.,Right knee degenerative arthritis: The matter is remanded for further evaluation as the increase in severity was not factually ascertainable prior to August 19, 2016.

Claimed conditions

Gastroesophageal reflux disease (GERD), Lumbar spine disability, Left shoulder disability, Left knee instability, Left knee degenerative arthritis, Right knee degenerative arthritis

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 13, 2023

Citation

23060667

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 23060667.