The Veteran's claim for a higher disability rating for reflux esophagitis and hiatus hernia is being remanded due to the failure to consider his private medical records from Dr. J.M.
The deciding factor: VA failed to obtain the Veteran's private treatment records from Dr. J.M., which could provide more information about the severity of his conditions.
- Claimed conditions
- reflux esophagitis, hiatus hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066892
Veterans Law Judge
Decisions by this judge: 899 · Granted: 45% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24066892.
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 found that the Veteran's GERD, esophageal stricture, and reflux esophagitis are less likely related to service due to a negative VA opinion. However, the Veteran contends his condition is related to exposure to burn pits during Southwest Asia operations. The Board also notes there is conflicting evidence regarding the etiology of the Veteran's alcohol use disorder. Therefore, the case is being remanded for further examination and analysis.
- Dismissed
The appeal for an increased rating for reflux esophagitis with mild chronic gastritis and bleeding ulcer was dismissed due to the untimely filing of the Board Appeal request.
- Dismissed
The Veteran withdrew the appeal for revision of the evaluation of hiatal hernia, with gastroesophageal reflux disease, irritable bowel syndrome, reflux esophagitis, and ineffective esophageal peristalsis.
- Remanded (sent back)
The Board remands the claims for service connection for an acquired psychiatric disorder, sinusitis, diverticulosis and benign neoplasm rectosigmoid junction, GERD and reflux esophagitis, right knee disability, and left knee disability to cure errors in fulfilling VA's duty to assist.
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