GERD VA Claim Grants

Findings of Fact (verbatim from decision)

The Veteran has a current diagnosis of GERD which is proximately due to the Veteran's previously service-connected diabetes mellitus.

Findings of Fact (verbatim from decision)

1. A September 23, 2023, rating decision granted the Veteran's claim for service connection for gastroesophageal reflux disease (GERD) claimed as stomach pain in full effective June 20, 2014, the date of claim for the benefit. 2. Resolving reasonable doubt, the evidence of record shows that the Veteran's current diagnosis of headaches was incurred in or caused by service.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty in the United States Air Force from October 1987 to October 1991. This matter comes before the Board of Veterans' Appeals (Board) from an April 2015, U.S. Department of Veterans Affairs (VA) Regional Office decision. In February 2023, the Board remanded the claims for further development to include providing new VA examinations. As the development has been completed the appeal has returned to the Board for review. SERVICE CONNECTION Entitlement to service connection for GERD, claimed as stomach pain, is dismissed. With regards to the Veteran's claim for entitlement to service connection for GERD, claimed as stomach pain, the claim was granted by the RO in a September 2023 rating decision, effective June 20, 2014, the date of claim for the benefit. There remain no allegations of errors of fact or law for appellate consideration. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. Accordingly, the Board does not have jurisdiction to review the issue of entitlement to service connection for GERD, claimed a stomach pain, on appeal, and it is therefore, dismissed. Entitlement to service connection for headaches, is granted. Service connection may be granted for a disability resulting from a disease or injury incurred in active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a).…

Findings of Fact (verbatim from decision)

1. A September 2016 rating decision issued by the Agency of Original Jurisdiction (AOJ) denied the Veteran's claim of entitlement to service connection for a back disability, characterized as lumbosacral strain. The Veteran did not appeal the decision; thus, the decision became final. 2. In July 2018, the Veteran filed an intent to file a claim. In September 2018, he filed a request to reopen his claim of entitlement to service connection for a back disability. 3.…

Reasons & Bases (verbatim from decision)

Preliminary Matters The Veteran had honorable active-duty service with the United States Army from April 2003 to November 2014. This matter is before the Board of Veterans' Appeals (Board) on appeal from a January 2019 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran was scheduled to testify at a Board hearing in July 2021. However, prior to the scheduled hearing, the Veteran withdrew his request for a hearing. As such, the scheduled hearing was not conducted. New and Material Evidence Governing regulations provide that an appeal consists of a timely filed notice of disagreement (NOD) in writing and, after a Statement of the Case (SOC) has been furnished, a timely filed substantive appeal. R. 200. Rating actions from which an appeal is not timely perfected become final. C. R. 1103. A final decision cannot be reopened unless new and material evidence is presented. C. § 5108. The Secretary must reopen a finally disallowed claim when new and material evidence is presented or secured with respect to that claim. Knightly v. Brown, 6 Vet. App. 200 (1994). New evidence means existing evidence not previously submitted to agency decision-makers.…

Findings of Fact (verbatim from decision)

1. The Veteran's acquired psychiatric disability and psoriatic arthritis of the cervical spine and bilateral hands, knees, wrists, feet, and ankles were caused by his service-connected psoriasis. 2. The Veteran's GERD is related to his active-duty service in the U.S. Air Force. 3. On April 15, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran and his representative that a withdrawal of the appeal for higher disability ratings for psoriasis is requested.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from November 1998 to November 2002 in the United States Air Force. These matters come before the Board of Veterans' Appeals (Board) on appeal from August 2017 and November 2018 rating decisions of the Department of Veterans Affairs (VA) Regional Office. In April 2021, the Veteran, his spouse, and Dr. K. testified before the undersigned during a virtual hearing. A transcript of the hearing is included in the electronic claims file. The electronic filing system contains records that were associated with the file by VA, rather than the Veteran, since the last readjudication of the claims without a waiver of initial review by the VA Regional Office. However, as the claims herein are being granted or dismissed at the request of the Veteran, there is no risk of prejudice to him from proceeding without the waiver. Service Connection VA provides compensation for disability resulting from disease or injury incurred in or aggravated by service. This is referred to as a "service connection." 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Regulations also provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d).…

Findings of Fact (verbatim from decision)

The probative evidence of record is at least in equipoise as to whether the Veteran's sleep apnea is secondary to his service-connected PTSD. The probative evidence of record is at least in equipoise as to whether the Veteran's GERD is etiologically related to his service-connected PTSD.