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 of health, and a higher rating is denied due to the lack of substantial evidence showing persistent recurrent symptoms that meet the criteria for a higher rating.,Prior to August 19, 2016, there was no formal claim or increase in severity ascertainable within one year prior to this date. Therefore, an earlier effective date cannot be granted.,The Veteran's left shoulder and bilateral knee disabilities have worsened since the last examination, necessitating further evaluation before a determination can be made on these claims.,Lumbar spine disability: The increase in severity was not factually ascertainable within one year prior to August 19, 2016. Therefore, an earlier effective date cannot be granted.,Left shoulder disability: The claim for increased rating was not received within the required timeframe and thus is denied as a matter of law.,Left knee instability: Further evaluation is needed due to recent worsening symptoms reported by the Veteran.,Left knee degenerative arthritis manifested by limitation of extension: Further evaluation is needed due to recent worsening symptoms reported by the Veteran.,Right knee degenerative arthritis: Further evaluation is needed due to recent worsening symptoms reported by the Veteran.

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.