The Board remands the claims for service connection for diabetic neuropathy of both upper extremities and GERD with hiatal hernia to obtain outstanding medical records.
The deciding factor: Remand is necessary due to missing private treatment records relevant to the Veteran's claims, which constitute a pre-decisional duty to assist error.
- Claimed conditions
- Diabetic neuropathy left upper extremity, Diabetic neuropathy right upper extremity, Gastroesophageal reflux disease (GERD) with hiatal hernia
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2025
- Citation
- A25049716
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (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 A25049716.
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.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, and will consider evidence submitted after the October 2024 Supplemental Statement of the Case (SSOC). The Veteran's GERD is presumed to have existed prior to service, but there is no clear and unmistakable evidence that it was not aggravated by service. The Board has requested an examination to determine if the Veteran's GERD had its onset during or is otherwise etiologically related to active-duty service.
- Granted
The Veteran's GERD with hiatal hernia is granted a 60 percent rating effective November 14, 2018. The Board found that the Veteran's symptoms are severe and productive of considerable impairment of health.
- Granted
The Veteran's GERD with hiatal hernia was restored to a 30 percent evaluation, and an increased rating for the condition is granted.
- Denied
The Board denied the veteran's appeal for a rating in excess of 10 percent for service-connected GERD with hiatal hernia, as there was no evidence of recurrent esophageal stricture(s) causing dysphagia requiring dilation.
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