The Board remands the issues of entitlement to a compensable rating for left and right foot heel spurs, and an initial compensable disability rating for GERD and hiatal hernia due to inadequate VA examinations.
The deciding factor: The December 2019 VA examination failed to consider lay statements of record when assessing the severity of the Veteran's condition, and did not adequately address flare-ups or additional functional loss. The August 2022 colonoscopy results were also not interpreted in light of the appropriate rating criteria.
- Claimed conditions
- left foot heel spur, right foot heel spur, gastroesophageal reflux disease (GERD) and hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2025
- Citation
- 25005325
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.
- Partly granted
The Board granted a 30 percent rating for the Veteran's right upper extremity nerve damage and denied an increased rating for left upper extremity nerve damage. Other issues were remanded.
- Partly granted
The Board granted service connection for left and right long finger strains, a right ankle strain, and GERD with hiatal hernia. The appeal seeking increased ratings for chronic fatigue syndrome, fibromyalgia, allergic rhinitis, and scars was dismissed due to severance of service connection.
- Remanded (sent back)
The Board remands the claims for a higher rating for gastroesophageal reflux disease (GERD) and hiatal hernia, multilevel cervical spondylosis, left upper extremity radiculopathy, and right upper extremity radiculopathy to correct pre-decisional duty to assist errors.
- Denied
The Board denied the veteran's claims for an earlier effective date for service connection and special monthly compensation based on housebound criteria, as there was no legal basis to support an earlier effective date.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.