The Board remands the claim for a rating greater than 10 percent for gastroesophageal reflux disease (GERD) with eosinophilic esophagitis to cure a pre-decisional duty to assist error.
The deciding factor: A remand is necessary to determine the severity of the Veteran's GERD symptoms while discounting the ameliorative effects of medication, as per Jones v. Shinseki, 26 Vet. App. 56 (2012).
- Claimed conditions
- gastroesophageal reflux disease (GERD) with eosinophilic esophagitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2025
- Citation
- A25026808
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 granted a rating of 30 percent, but no higher, for service-connected GERD with eosinophilic esophagitis based on the Veteran's symptoms producing considerable impairment of health.
- Remanded (sent back)
The Board remanded the claim for a higher rating of GERD because the VA examinations were insufficient and did not consider the severity of symptoms without medication.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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