The Veteran's claims for service connection for an esophageal condition and obstructive sleep apnea are being remanded due to inadequate medical opinions. The AOJ is required to obtain new VA medical opinions regarding the etiology of these conditions, considering the synergistic effects of all exposure risks.
The deciding factor: The pre-decisional duty to assist error was identified in the previous decisions, which relied on inadequate medical opinions that did not consider the synergistic effects of all exposure risks and failed to address whether the Veteran's obstructive sleep apnea was aggravated by his service-connected disabilities.
- Claimed conditions
- GERD, hiatal hernia, presbyesophagus, H. pylori
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 23, 2024
- Citation
- A24085803
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 A24085803.
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 decided to remand the case due to an inadequate VA opinion and a need for further examination.
- Denied
The Veteran's claim for service connection for GERD is granted, and the appeal to restore a 40% rating for lumbosacral strain with degenerative arthritis, degenerative disc other than IVDS, central canal stenosis, and scoliosis prior to June 1, 2024 is dismissed.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error, specifically failing to obtain an opinion on whether the Veteran's service-connected disabilities contributed to his accidental drowning death.
- Granted
The Board has granted an initial disability rating of 10 percent for GERD, effective May 31, 2019. The Veteran's GERD is currently manifested by infrequent episodes of epigastric distress and pyrosis.
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