The Board remands the claim for a compensable rating for gastritis with gastroesophageal reflux disease (GERD) to obtain an addendum opinion on the severity of the Veteran's condition without the ameliorative effects of medication.
The deciding factor: The pre-decisional duty to assist error occurred because the VA examiner did not discount the ameliorative effects of medication on the Veteran's gastritis with GERD, as required by Jones v. Shinseki and Ingram v. Collins.
- Claimed conditions
- gastritis with gastroesophageal reflux disease (GERD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2025
- Citation
- A25057452
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (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 A25057452.
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 service connection for gastritis with GERD and interstitial lung disease (ILD), to include a right lung nodule, based on the Veteran's exposure to environmental hazards during his Persian Gulf War service.
- Dismissed
The appeal is dismissed due to the Veteran's death.
- Dismissed
The Board dismissed all service connection claims and rating determinations for various conditions, including irritable bowel syndrome, insomnia, lumbar spine disability, cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, left lower extremity radiculopathy, gastritis with gastroesophageal reflux disease (GERD), bilateral hearing loss, and obstructive sleep apnea. The Board also remanded claims for sinusitis, an autoimmune condition (claimed as fibromyalgia), a respiratory disability, and OSA.
- Granted
The Veteran is unable to secure and maintain substantially gainful employment due to his service-connected gastritis with gastroesophageal reflux disease (GERD) and depressive disorder with sleep problems, which prevent him from working.
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