The Veteran's claims for increased ratings and service connection were partially denied. The rating in excess of 10 percent for cholecystectomy residuals prior to November 25, 2020, and in excess of 30 percent from that date was denied. A remand is ordered for further examination on the issue of service connection for low back disability.
The deciding factor: The Board found no evidence meeting the criteria for a higher rating under Diagnostic Codes 7318 or 7319, and thus denied increased ratings for cholecystectomy residuals. The case was remanded to obtain VA medical opinions on the issue of service connection for low back disability.
- Claimed conditions
- Cholecystectomy, Irritable Bowel Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2023
- Citation
- 23067728
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 23067728.
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 a lack of rationale in the VA examiner's opinion and an inconsistency between the examination report and nexus opinion.
- Granted
The Veteran's irritable bowel syndrome is granted a rating of 30 percent, the maximum schedular rating under Diagnostic Code 7319. Service connection for migraine headaches as secondary to service connected tinnitus and PTSD is also granted.
- Denied
The Board has denied the Veteran's request for an earlier effective date of May 19, 2024, for a separate 10 percent rating for GERD. The decision states that prior to this date, ratings for GERD and Irritable Bowel Syndrome could not be combined due to VA regulations at the time.
- Denied
The Board denied the Veteran's claim for an effective date prior to August 1, 2025, for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities. The evidence did not show that he was precluded from employment solely due to his service-connected conditions.
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