The Board has remanded the claim for hiatal hernia due to a lack of substantial compliance with prior remand directives and the need for another VA examination to determine if the Veteran's hiatal hernia is related to his in-service toxic exposure.
The deciding factor: The Board found that there was not substantial compliance with the prior remand directive and another remand for an opinion is required due to the absence of a nexus between the hiatal hernia and service connection, as well as the need to consider the Veteran's private treatment records indicating he had a history of hiatal hernia.
- Claimed conditions
- hiatal hernia
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- February 14, 2024
- Citation
- 24007831
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 24007831.
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 remanded the Veteran's claims for service connection due to inadequate development of her exposure history and lack of adequate medical opinions. The case will be returned to the AOJ for further action.
- Granted
The Veteran's TDIU rating is granted with an effective date of March 15, 2017.
- Remanded (sent back)
The Veteran's initial disability rating for migraine headaches has been granted at 50 percent. The issue of service connection for hiatal hernia and esophagitis, related to PTSD, is remanded due to inadequate medical opinions.
- Granted
The Veteran's GERD with hiatal hernia is rated at a 30 percent disability rating, effective March 12, 2021.
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