The Board remands the matter for additional development to ensure an adequate statement of reasons or bases is provided and that the Veteran's GERD disability rating is appropriately assessed.
The deciding factor: The Board did not provide an adequate statement of reasons or bases for its January 2023 decision denying increased GERD ratings, as it failed to address Jones v. Shinseki, 26 Vet. App. 56 (2012), when discussing the GERD disability rating.
- Claimed conditions
- gastroesophageal reflux disorder (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001544
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 remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Partly granted
The Board granted service connection for tinnitus, remanded claims for obstructive sleep apnea (OSA), gastroesophageal reflux disorder (GERD), a mental health condition, and increased ratings for the Veteran's knee strain and scoliosis.
- Denied
The Board denied service connection for autoimmune pancreatitis, gastroesophageal reflux disorder (GERD), and hiatal hernia as they were not incurred in or caused by the Veteran's service, including toxic exposures.
- Remanded (sent back)
The Board remands the case for an additional VA examination to evaluate the severity and manifestations of the Veteran's service-connected GERD, in light of recent caselaw changes.
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