The Veteran's claim for an earlier effective date for service connection of GERD with hiatal hernia was denied as he did not submit a timely notice of disagreement or new and material evidence within the one-year appeal period. The Veteran's supplemental claim for increased rating was also denied due to his failure to file a formal claim within a year after submitting intent to file forms.
The deciding factor: The Veteran failed to timely file a notice of disagreement as to the September 2005 rating decision and did not submit new and material evidence within one year. The March 21, 2024 intent to file was still in effect due to the July 21, 2023 intent to file being in effect.
- Claimed conditions
- gastroesophageal reflux disease (GERD), hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- April 8, 2026
- Citation
- A26032129
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 A26032129.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Dismissed
The Board dismissed the appeals regarding service connection for obstructive sleep apnea and gastroesophageal reflux disease due to lack of evidence linking these conditions to service.
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