Entitlement to an earlier effective date prior to December 15, 2016, for the assignment of a 10 percent rating for gastroesophageal reflux disease (GERD) is denied.

Board reasoning

The Board concluded that an earlier effective date was not warranted because the date of receipt for the increased rating claim was May 18, 2017, and there was no factually ascertainable increase prior to December 15, 2016 based on the evidence of record. Regarding a rating in excess of 10 percent, the Board found that the veteran’s GERD symptoms did not produce considerable impairment of health, even though multiple symptoms were present; the evidence did not meet the criteria for a 30 percent rating under DC 7346 or its amended equivalents. The Board considered both old and amended rating criteria and determined the more favorable regulation did not yield a higher rating for any period on appeal, and that the preponderance of the evidence did not support an increase.