The claim for service connection for gastroesophageal reflux disease with obesity as the intermediate step was dismissed because it has been granted and there is no justiciable case or controversy before the Board at this time.
The deciding factor: The May 2019 VA etiology opinion regarding tinnitus was found to be incomplete, and a new examination is needed. For migraine headaches, an etiology opinion is also required as it has not been provided yet.
- Claimed conditions
- gastroesophageal reflux disease with obesity as the intermediate step, tinnitus, migraine headaches, to include as secondary to posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24070305
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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