The Veteran seeks an effective date earlier than December 18, 2017 for the assignment of a 30 percent rating for GERD. The Board finds that it was not factually ascertainable that the Veteran's GERD disability increased in severity prior to the filing of his Intent to File form on December 18, 2017.,The AOJ erred by applying the wrong legal standard when considering the claim for service connection for bilateral hearing loss. The claim should be readjudicated with new and relevant evidence.
The deciding factor: There is no evidence within the one-year period prior to December 18, 2017 that presents symptomology for an increased rating of GERD.,The AOJ applied the wrong legal standard in adjudicating the claim for service connection for bilateral hearing loss.
- Claimed conditions
- Gastroesophageal reflux disease (GERD), Acquired psychiatric disorder, Vertigo diagnosed as vestibulopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2024
- Citation
- A24071609
Veterans Law Judge
Decisions by this judge: 622 · Granted: 17% (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 A24071609.
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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Remanded (sent back)
The Veteran's appeal for service connection for Dupuytren's contracture of the left hand, right hand, and GERD is remanded due to inadequate VA examination opinions and failure to consider toxic exposure risk activities during service.
- Denied
The Veteran's GERD is currently rated at 10 percent disabling, but the Board found that his symptoms do not meet or approximate the criteria for a higher rating.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
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