The Veteran's claim for an initial rating in excess of 30 percent for GERD is being remanded due to a pre-decisional duty to assist error involving the procurement of private treatment records and issues with the Board's statement of reasons and bases.
The deciding factor: The Board failed to correct a pre-decisional duty to assist error by not obtaining relevant private treatment records, and also did not provide an adequate statement of reasons and bases for its rating decision.
- Claimed conditions
- Gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2024
- Citation
- A24085131
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 A24085131.
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 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.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
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