The claims for an effective date earlier than August 24, 2009 for the awards of service connection for GERD and migraine headaches were dismissed as freestanding claims.
The deciding factor: The May 2011 rating decision is final and cannot be challenged on direct appeal due to lack of new and material evidence within a year of issuance.
- Claimed conditions
- Gastroesophageal Reflux Disorder (GERD), Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2024
- Citation
- A24068579
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 100 percent disability rating for PTSD, NCD, and TBI prior to May 4, 2023, and restored the 10 percent rating for GERD effective June 8, 2023.
- Denied
The Board denied the Veteran's claims for an earlier effective date for irritable bowel syndrome (IBS), to include gastroesophageal reflux disorder (GERD); left knee patellofemoral pain syndrome; and left and right lower extremity sciatic radiculopathy.
- Denied
The Board denied an increased disability rating for PTSD, finding the appellant's symptoms more closely approximated occupational and social impairment with reduced reliability and productivity.
- Partly granted
The Board granted an initial 50 percent disability rating for the service-connected generalized anxiety disorder and denied a total disability rating based upon individual unemployability (TDIU) due to the single service-connected disability of migraine headaches.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.