The appeal of the claims for service connection for constipation, an earlier effective date of January 22, 2019 for a compensable rating for GERD, and a higher rating of up to 60 percent for GERD is dismissed. The claim for a 10 percent evaluation based upon multiple, noncompensable, service-connected disabilities for the period April 23, 2019 to September 30, 2020 is denied as a matter of law.
The deciding factor: The Veteran's claimed GERD and constipation were effectively subsumed in the gastrointestinal disability rated as inclusive of adenocarcinoma of the sigmoid colon and constipation and GERD. Because only a single rating may be assigned for gastrointestinal disability, pursuant to 38 C.F.R. § 4.114, the grant of an 100 percent rating effective January 22, 2019 and 60 percent from February 1, 2020 for that predominant gastrointestinal disability satisfies the appealed claims.
- Claimed conditions
- constipation, adenocarcinoma of the sigmoid colon
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2024
- Citation
- A24052684
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 A24052684.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
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