GASTROESOPHAGEAL REFLUX DISEASE (GERD)

Summary

The veteran, who served in the Navy from April 1994 to April 2002, including active duty from April 1994 to April 1998, appealed the denial of service connection for gastroesophageal reflux disease (GERD). The veteran claimed GERD was due to service, mistakenly thought to be seasickness, or alternatively, secondary to service-connected anxiety and depression. The Board reviewed the evidence of record as of the August 31, 2020, rating decision. At that time, the evidence did not indicate a diagnosis of GERD; the first indication of a diagnosis was in May 2021, following a VA EGD study. The Board noted that lay statements regarding diagnosis and etiology are not competent or credible, especially in the absence of medical evidence. Since the veteran did not have a diagnosis of GERD at the time of the initial decision, the criteria for service connection were not met. The Board found the evidence weighed against the claim, and therefore, the benefit-of-the-doubt doctrine did not apply. Service connection for GERD was denied.

Rationale

No diagnosis of GERD at time of August 2020 rating decision; First diagnosis of GERD occurred in May 2021, after the decision under review; Lay evidence regarding diagnosis and etiology is not competent or credible without medical evidence

Full Decision Text

Citation Nr: A26021424
Decision Date: 03/10/26	Archive Date: 03/10/26

DOCKET NO. 210111-131362
DATE: March 10, 2026

ORDER

Entitlement to service connection for gastroesophageal reflux disease (GERD) is denied.

FINDING OF FACT

At the time of the August 31, 2020, rating decision on appeal, the probative evidence demonstrates that the Veteran does not have a diagnosis of GERD.

CONCLUSION OF LAW

The criteria for service connection for GERD are not met. 38 U.S.C. § 1110; 38 C.F.R. § 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the Navy from April 1994 to April 1998, and in the Naval Reserve from April 1998 to April 2002. 

On July 22, 2020, VA received the Veteran's VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, regarding service connection for GERD. An August 31, 2020, rating decision, denied the claim. 

On January 11, 2021, VA received the Veteran's VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), selecting the Hearing docket. The Veteran testified at a Board hearing on July 31, 2024, and a hearing transcript is associated with the record. Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the August 31, 2020, rating decision, as well as any evidence submitted by the Veteran at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). In other words, the Board cannot consider (1) evidence submitted during the period after the AOJ issued the decision, and before the hearing, or (2) evidence submitted more than 90 days after the Board hearing. Id.

If the Veteran would like the Department of Veterans Affairs (VA) to consider any evidence that was submitted that the Board could not consider, the Veteran 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.

Service Connection 

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303.

To establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during active service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

Certain chronic disorders are presumed to have been incurred in service if they manifest to a compensable degree within one year of separation from service. 38 U.S.C. §§ 1101, 1112, 1113; 38 C.F.R. §§ 3.307(a), 3.309(a).

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the benefit of the doubt will be granted to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. To deny a claim, the evidence must clearly weigh against the claim. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

Entitlement to service connection for GERD is denied. 

The Veteran contends that he has GERD due to his service, which was mistakenly thought to be seasickness in-service. Alternatively, he contends that he has GERD that is secondary to service-connected acquired psychiatric disorder, to include anxiety and depression. 

For the following reasons, the claim is denied. 

An August 2020 rating decision on appeal denied the claim, finding that the Veteran does not have a diagnosis of GERD. 

Importantly, a July 2022 rating decision granted service connection for an acquired psychiatric disorder, to include anxiety and depression. As such, at the time of the August 2020 rating decision on appeal, the Veteran did not have a service-connected acquired psychiatric disorder.


 connection for GERD is denied. 

The Veteran contends that he has GERD due to his service, which was mistakenly thought to be seasickness in-service. Alternatively, he contends that he has GERD that is secondary to service-connected acquired psychiatric disorder, to include anxiety and depression. 

For the following reasons, the claim is denied. 

An August 2020 rating decision on appeal denied the claim, finding that the Veteran does not have a diagnosis of GERD. 

Importantly, a July 2022 rating decision granted service connection for an acquired psychiatric disorder, to include anxiety and depression. As such, at the time of the August 2020 rating decision on appeal, the Veteran did not have a service-connected acquired psychiatric disorder.

A May 4, 2021, VA esophagogastroduodenoscopy (EGD) study, found increased eosinophils and the Veteran was prescribed omeprazole for presumed GERD. VA treatment records show that the Veteran's diagnosis of GERD was ultimately confirmed, and that he has been prescribed omeprazole for GERD since May 2021. 

At the time of the August 2020 rating decision on appeal, the probative evidence does not indicate that the Veteran has been diagnosed with GERD. Instead, the first indication of a GERD diagnosis is in May 2021, based on a May 2021 VA EGD study, which is after the August 2020 rating decision on appeal. 

Laypersons are competent to report observable symptoms. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). However, laypersons are not competent to determine matters such as diagnosis and etiology, particularly concerning the internal pathologies addressed here. The question of whether the Veteran has his claimed disorder is a complex medical issue. See Woehlaert v. Nicholson, 21 Vet. App. 456, 462 (2007). For this reason, the lay evidence is not probative here. Indeed, with regard to the question of diagnosis, the lay evidence is not credible, particularly with the absence of medical evidence indicating either diagnosis or treatment for the claimed disorder. See Smith v. Derwinski, 1 Vet. App. 235 (1991) (credibility is determined by the fact finder).

In the absence of a disability, compensation may not be awarded. In the absence of evidence of a current disability, there can be no grant of service connection under the law. See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992) (Congress specifically limited entitlement to service-connected benefits to cases where there is a current disability).

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Based on the foregoing, the Board finds that the state of the evidence in August 2020 demonstrated that the Veteran did not have a diagnosis of GERD. As such, the benefit-of-the-doubt doctrine does not apply, and the claim must be denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Emmart, Timothy T.

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.