The Board remands the matter for further development, including obtaining private treatment records and a clarifying addendum medical opinion on the current severity of the Veteran's post-operative hiatal hernia to include gastroparesis and dumping syndrome with post-prandial hypoglycemia.
The deciding factor: The Board failed to ensure compliance with its April 2016 remand directives, did not define certain terms, did not address relevant evidence, and failed to adequately address the effective date for the assignment of a 30 percent disability rating.
- Claimed conditions
- post-operative hiatal hernia, gastroparesis, dumping syndrome, post-prandial hypoglycemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2025
- Citation
- 25002102
Veterans Law Judge
Decisions by this judge: 575 · Granted: 29% (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 25002102.
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.
- Granted
The Board has granted service connection for diabetes mellitus type II (DM) and coronary artery disease (CAD), finding that the Veteran was exposed to herbicide agents during his active duty at Fort McClellan. The Board also found support for secondary service connection for diabetic neuropathy of various extremities, peripheral vascular disease, and gastroparesis as secondary to DM.
- Granted
The Veteran's TDIU for accrued benefits purposes is granted, and the initial compensable rating for his service-connected back scar is denied. The claims of higher ratings for lumbar spine disability, bilateral lower extremity radiculopathy are remanded.
- Granted
The Veteran's service connection claims for bilateral hearing loss, tinnitus, cervical spine disorders, radiculopathies of the upper and lower extremities, Hashimoto's thyroiditis, COPD, GERD, gastroparesis, diverticulosis, rhinitis, OSA, left ankle disorder, and left foot disorder have been granted. The claims are based on presumptive service connection due to exposure to noise during service.
- Dismissed
The appeal has been dismissed due to the Veteran's death. The issues of rating for gastroparesis and service connection for acid erosion of teeth are not addressed as they were pending at the time of the Veteran's death.
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