The appeal for service connection for GERD and migraines was dismissed due to a procedural defect of concurrent election under 38 C.F.R. § 3.2500.
The deciding factor: The Board lacks jurisdiction over the appeal because of the prohibition against concurrent election of review.
- Claimed conditions
- gastroesophageal reflux disease (GERD), migraines
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2025
- Citation
- A25026685
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
- Denied
The Board denied the claims for an initial compensable disability rating for right inguinal hernia surgery and service connection for a low back disability, as well as remanded the claims for service connection for GERD and entitlement to an increased rating for hypertension.
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