An earlier effective date of November 12, 2004, for a 10 percent rating for gastroesophageal reflux disease (GERD) is granted.

Citation Nr: A26069973 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 250605-551734 DATE: July 30, 2026 ORDER An earlier effective date of November 12, 2004, for a 10 percent rating for gastroesophageal reflux disease (GERD) is granted. FINDING OF FACT The Veteran had multiple symptoms of GERD with less severity than required for a 30 percent rating since the date of the grant of service connection. CONCLUSION OF LAW The criteria for an earlier effective date for the grant of a 10 percent rating for GERD have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.400, 4.114, Diagnostic Code 7346. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the U.S. Army from October 1979 to April 1980 and from February 2003 to November 2004, with additional service in the Army National Guard. He served in Southwest Asia. This appeal arose from a May 2025 higher-level review rating decision. On a June 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the direct review docket. Therefore, the Board may only consider the evidence of record at the time of the August 2024 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher level review. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the August 2024 rating decision, the Board did not consider it in this decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, he may file a supplemental claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a supplemental claim are included with this decision. Entitlement to an effective date prior to July 21, 2023, for a 10 percent rating for GERD. The effective date of an award based on an initial claim shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. 38 U.S.C. § 5110(a). The effective date shall be the date of receipt of the Veteran's claim or the date on which entitlement arose, whichever is later. 38 C.F.R. §§ 3.400(b)(2)(i), 3.400(o)(2). This appeal arose from the initial grant of service connection. The Veteran submitted his claim for service connection for GERD in October 2004. He separated from service on November 11, 2004. In an October 2023 rating decision, the AOJ granted service connection effective November 12, 2004, the date after service separation. At that time, the AOJ assigned a noncompensable rating from November 12, 2004, through July 20, 2023, and a 10 percent rating beginning July 21, 2023. Since the October 2023 rating decision, the Veteran has continuously pursued the issue of an earlier effective date for the 10 percent rating. GERD is rated by analogy to a hiatal hernia under diagnostic code 7346. When rating by analogy, the symptoms need not exactly match the listed criteria of the chosen diagnostic code to assign a particular rating. See Webb v. McDonough, 71 F.4th 1377 (Fed. Cir. 2023). The criteria for a rating hiatal hernia were changed in May 2024. However, for the period during which the Veteran is seeking a 10 percent rating, the previous criteria were in effect. Therefore, the Board will apply those criteria in determining whether an earlier effective date for the 10 percent rating is warranted. A 10 percent rating for hiatal hernia is warranted for two or more of the symptoms for the 30 percent rating of less severity. A 30 percent rating is warranted for persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health. 38 C.F.R. § 4.114, Diagnostic Code 7346. The Veteran's service treatment records (STRs) indicated a history of GERD. VA treatment records from the years following service separation are inconsistent about whether the Veteran had GERD or whether his GERD was controlled with Omeprazole. In an April 2012 statement, the Veteran reported that he had acid reflux which was treated with medication. The Veteran was first afforded a VA examination in September 2012. The examiner indicated that the Veteran did not have an esophageal condition. The Veteran reported to the examiner that he had reflux symptoms two to three times per week. The examiner found GERD symptoms of pyrosis, reflux, and sleep disturbance caused by reflux four or more times per year lasting less than one day each time. The examiner concluded that the Veteran had no objective findings of GERD and no functional limitations. This examination report is internally inconsistent and inadequate because the examiner concluded that the Veteran did not have GERD despite finding GERD symptoms. October 2012 VA imaging found GERD and associated esophageal dysmotility. July 2013, September 2014, and March 2015 VA treatment records stated that the Veteran was negative for dysphagia. A September 2014 VA treatment record stated that the Veteran had GERD, but that it was not treated. An August 2016 VA treatment record noted that that the Veteran's GERD medication had not been filled since July 2015. A July 2017 VA treatment record stated that GERD was stable. In December 2020, the Veteran denied dysphagia. A May 2022 VA treatment record stated that the Veteran had GERD with "rare symptoms," that Nexium did not help him, and that he was using Mylanta as needed. An April 2023 VA treatment record stated that the Veteran had acid reflux symptoms and was concerned about ulcers or bleeding in his stomach. He could not recall if he was taking his prescription medication as directed. He had heartburn and indigestion a few times per week. In July 2023, the Veteran was afforded a VA examination. The examiner diagnosed GERD and found symptoms of pyrosis; reflux; regurgitation; substernal, arm, and shoulder pain; and sleep disturbance and nausea four or more times per year each lasting one to nine days each time. The Veteran's current 10 percent rating was granted effective the date of this examination. In a November 2023 statement, the Veteran reported that his GERD symptoms had been consistent for years. The Veteran had documented GERD symptoms since his November 2004 separation from service. A 10 percent rating for hiatal hernia requires two of the listed symptoms. See 38 C.F.R. § 4.114, Diagnostic Code 7346. However, because the Veteran is being rated by analogy, his symptoms need not exactly match the symptoms in that diagnostic code. See Webb, 71 F.4th at 1377. Since November 2004, the Veteran has been prescribed medication for his acid reflux. At his earliest VA examination in September 2012, the examiner documented symptoms of pyrosis, reflux, and sleep disturbance. In May 2022, he was noted to have GERD with rare symptoms. At a July 2023 VA examination, the examiner found pyrosis; reflux; regurgitation; substernal, arm, and shoulder pain; sleep disturbance; and nausea. The Veteran asserted in November 2023 that his symptoms have been consistent since service separation. (Continued on the next page) ? Given these facts, and affording the Veteran the benefit-of-the-doubt, the Board finds that the Veteran had sufficient symptoms to warrant a 10 percent rating since November 12, 2004, the date of the grant of service connection. This is the earliest possible effective date for the 10 percent rating. Therefore, an earlier effective date for the 10 percent rating is warranted, and the appeal is granted. A. J. Spector Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. E. Miller, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.