The appeal for an increased evaluation of GERD with IBS is dismissed due to a concurrent appeal election that was deemed improper.
The deciding factor: The Board lacks jurisdiction to adjudicate the merits of this appeal as it is based on a spurious decision by the AOJ resulting from an improper concurrent appeal election.
- Claimed conditions
- gastroesophageal reflux disease (GERD) with irritable bowel syndrome (IBS)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2025
- Citation
- A25009417
Veterans Law Judge
Decisions by this judge: 878 · Granted: 46% (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 A25009417.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the appellant's request for direct payment of fees from past due benefits awarded in a June 2024 rating decision that granted service connection for left hip disorder, GERD with IBS, sinusitis, and BPH with voiding dysfunction and ED. The appeal was dismissed as the claims were considered original requests for new benefits.
- Granted
The Board has granted service connection for sinusitis, gastroesophageal reflux disease (GERD) with irritable bowel syndrome, right knee disorder, and cervical spine disorder. The claim for bilateral upper extremity radiculopathy as secondary to the Veteran's service-connected cervical spine disorder is also granted.
- Partly granted
The Board granted a rating of 30 percent for GERD with IBS and separate ratings of 10 percent for GERD and 30 percent for IBS from March 19, 2024.
- Remanded (sent back)
The Board remands the Veteran's claim for a higher rating for GERD and IBS to correct a pre-decisional duty-to-assist error.
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