Victory for Veteran’s GERD Rating Claim: Court Orders Remand for Clear Rating Criteria
In a recent win at the Court of Appeals for Veterans Claims, we achieved a remand for our client, a Vietnam veteran, on his claim for a higher rating for gastroesophageal reflux disease (GERD). The Board of Veterans’ Appeals improperly denied the veteran’s request for an increased rating by failing to define essential terms in the rating criteria, leaving the veteran without a clear explanation.
The Board rated the veteran’s GERD at 10%, yet did not explain what “persistently recurrent” episodes of epigastric distress meant, despite evidence of his regular GERD symptoms, including heartburn, choking, and severe pain. The Board also ignored a 2021 medical opinion describing “severe impairment” of his health due to GERD symptoms, without clarifying what qualifies as “considerable impairment of health.” When the VA uses subjective terms in its rating criteria, it must provide definitions to enable clear understanding of a veteran’s rating.
The court agreed that the Board’s failure to define these terms hindered both the veteran’s ability to understand his rating and the Court’s review of the decision. This remand requires the Board to clarify the criteria terms, reassess the evidence, and issue a well-supported decision.
This ruling highlights the VA’s duty to transparently explain rating criteria, ensuring veterans receive fair and comprehensible decisions. We are proud to fight for veterans and demand accurate, transparent evaluations for their service-connected conditions.
