Citation Nr: 21001039 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 19-25 818 DATE: January 6, 2021 ORDER A rating in excess of 10 percent for gastroesophageal reflux disorder (GERD) with gastroenteritis is denied. An effective date prior to August 23, 2018, for the grant of service connection for GERD is denied. FINDINGS OF FACT 1. The Veteran served on active duty from January to December 1978. 2. GERD has been manifested by subjective complaints of intermittent stomach pain; objective findings include persistently recurrent epigastric distress, reflux, and regurgitation. 3. There is no correspondence that could be construed as a claim for service connection for GERD prior to August 23, 2018. CONCLUSIONS OF LAW 1. The criteria for a rating in excess of 10 percent for GERD have not been met. 38 U.S.C. §§ 1155, 5103(a), 5103A, 5107 (2012); 38 C.F.R. §§ 4.3, 4.7, 4.20, 4.59, 4.114, Diagnostic Code (DC) 7346 (2020). 2. The criteria for an effective date earlier than August 23, 2018, for the grant of service connection for GERD have not been met. 38 U.S.C. §§ 1155, 5110 (2012); 38 C.F.R. §§ 3.157, 3.400 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Initially, the Board notes that the Veteran has an appeal for several other issues. As the appeal streams are separated and development appears to be incomplete on those issues, they will be the subject of a forthcoming Board decision. Thus, the Board has limited its consideration accordingly. Increased Rating for GERD Disability evaluations are determined by the application of a schedule of ratings which is based on average impairment of earning capacity. Generally, the degrees of disability specified are considered adequate to compensate for considerable loss of working time from exacerbations or illnesses proportionate to the severity of the several grades of disability. 38 C.F.R. § 4.1. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R. Part 4. The Veteran is currently rated at 10 percent for GERD with gastroenteritis under DC 7346. In order to warrant a higher rating, the evidence must show persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of severe impairment of health. Turning to the evidence, at a November 2018 VA examination the Veteran reported burning in his chest, and that he only exhibited symptoms on and off with occasional flares. The examiner noted that the Veteran had only pyrosis and vomiting one day in the preceding year. There was no indication that the symptoms were productive of considerable impairment of health. The examiner also found no evidence of functional impairment due to GERD. As for gastroenteritis, the November 2018 examiner found that the Veteran had recurring episodes of symptoms which were not severe, with only two recurrences of symptoms in the preceding year, lasting less than one day. The symptoms consisted largely of abdominal pain which was relieved by standard ulcer therapy. Vomiting was noted as mild and as occurring once in the preceding year. Importantly, after examining the Veteran and reviewing his medical records, the examiner specifically did not indicate dysphagia, substernal pain, or arm or shoulder pain. While pyrosis was noted, it was found to be occasional by the Veteran’s own description and not productive of severe impairment of health. As such, this evidence does not support a higher rating. Further, the clinical records were reviewed but do not support a higher rating. While GERD is recorded on the Problem List and the Veteran is prescribed medication, the clinical records do not reflect complaints consistent with GERD. As such, the medical evidence does not support a rating in excess of 10 percent for GERD with gastroenteritis. The Board has also considered the Veteran’s lay statements that his disability is worse. While he is competent to report symptoms because this requires only personal knowledge as it comes to him through his senses, he is not competent to identify a specific level of disability of this disorder according to the appropriate diagnostic codes. Such competent evidence concerning the nature and extent of the Veteran’s GERD with gastroenteritis has been provided by the medical personnel who have examined him during the current appeal and who have rendered pertinent opinions in conjunction with the evaluations. The medical findings (as provided in the examination reports and other clinical evidence) directly address the criteria under which this disability is evaluated. Moreover, as the examiner has the requisite medical expertise to render a medical opinion regarding the degree of impairment caused by the disability and had sufficient facts and data on which to base the conclusion, the Board affords the medical opinion great probative value. As such, these records are more probative than the Veteran’s subjective complaints of increased symptomatology. In sum, after a careful review of the evidence of record, the benefit of the doubt rule is not applicable, and the appeal is denied. Earlier Effective Date for GERD Unless specifically provided otherwise in the statute, the effective date of an award based on an original claim for compensation benefits shall be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. The effective date of an award of disability compensation shall be the day following separation from service or the date entitlement arose if the claim is received within one year of separation, otherwise the date of claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(b); 38 C.F.R. § 3.400(b)(2). Effective March 24, 2015, VA no longer recognizes informal claims. See 79 Fed. Reg. 57,660-01 (2015). In their place, VA recognizes “an intent to file a claim,” which may be submitted electronically, on a prescribed intent-to-file-a-claim form, or through an oral communication to certain VA employees that is later recorded in writing. 38 C.F.R. §§ 3.155(b)(1)(i)-(iii). If VA receives a complete application form as defined in 38 C.F.R. § 3.160(a) within one year of receipt of an intent to file, VA will consider the complete claim filed as of the date the intent to file was received. 38 C.F.R. § 3.155 (b). The assigned effective date of August 23, 2018, for the grant of service connection for GERD corresponds to when a VA 21-526EZ application for compensation, which was dated August 21, 2018, was received by VA. On that application, the Veteran filed for several disabilities, to include gastroenteritis and GERD. Importantly, this is one of the first documents submitted by the Veteran, and no other documents were received by VA or in his file prior to August 23, 2018. Thus, an earlier effective date is not warranted based on the receipt of any earlier correspondence. In addition, even if medical evidence reflected symptoms of GERD prior to August 23, 2018, the effective date would still be the later date of the claim. Thus, an effective date earlier than August 23, 2018, for GERD with gastroenteritis is not warranted and the appeal is denied. Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board’s consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Yacoub, Associate 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.