The Board remands the claims for service connection for GERD, an initial disability rating in excess of 10 percent for right knee strain, and a compensable initial disability rating for bilateral shin splints to correct pre-decisional errors.
The deciding factor: The May 2021 VA examination was found inadequate due to missing information on pain onset points and the effects of medication. Additionally, there were pre-decisional duty to assist errors in failing to obtain a sufficient medical opinion for secondary service connection and direct service connection, as well as outstanding treatment records.
- Claimed conditions
- Gastroesophageal Reflux Disease (GERD), Right Knee Strain, Bilateral Shin Splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2025
- Citation
- A25038484
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 10 percent evaluation for the Veteran's GERD, finding that his condition is productive of daily medications to control dysphagia and is otherwise asymptomatic.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- Partly granted
The Board denied earlier effective dates for service connection and increased ratings, except for a granted 30 percent rating for headache disability.
- Partly granted
The Board granted service connection for headaches and right hand strain, increased the ratings for PTSD, bilateral hearing loss, dyshidrotic eczema, and hypertension, and denied service connection for Parkinsonism, pes planus/flat feet, GERD, tinea versicolor, allergic rhinitis, and tinnitus. The Board also granted a TDIU.
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