The Veteran's small bowel obstruction, status post resection of small intestine, with IBS, is currently rated at 50 percent. The Board has determined that a higher rating is not warranted under the current criteria. The service connection claim for hiatal hernia and GERD secondary to small bowel obstruction is remanded due to inadequate medical opinion.
The deciding factor: The VA examiner's opinion regarding the etiology of the Veteran's hiatal hernia and GERD was insufficient, as it did not use the standard delineated by Spicer v. McDonough (2023).
- Claimed conditions
- Small bowel obstruction, status post resection of small intestine, with IBS, Hiatal hernia and gastroesophageal reflux disease (GERD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2024
- Citation
- A24028932
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 A24028932.
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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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