Citation Nr: 21013624
Decision Date: 03/10/21	Archive Date: 03/10/21

DOCKET NO. 15-31 109A
DATE: March 10, 2021

ORDER

The claim for entitlement to service connection for a hiatal hernia is dismissed as moot. 

FINDING OF FACT

The Veteran’s manifestations of his hiatal hernia disorder are not clearly distinguishable from his already service-connected irritable bowel syndrome, hepatitis B, and gastroesophageal reflux disease (GERD) disability. 

CONCLUSION OF LAW

As the hiatal hernia disorder encompasses the same symptomatology and cannot be separated from the Veteran’s service-connected irritable bowel syndrome, hepatitis B, and GERD disability, the claim for service-connection for a hiatal hernia is moot.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 4.114 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Army from January 1988 to January 1992 with service in Southwest Asia. 

This matter comes on appeal before the Board of Veterans’ Appeals (Board) from a November 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In May 2019, the Board remanded the claim for “Entitlement to service connection for a gastrointestinal disability other than irritable bowel syndrome (IBS), to include gastroesophageal reflux disease (GERD) and hiatal hernia.”  Thereafter, the Agency of Original Jurisdiction (AOJ) issued a rating decision in August 2020, which assigned a 30 percent rating for IBS, hepatitis B, and GERD (granting service connection for GERD).     

The Board finds that the Veteran’s claim of entitlement to service connection for hiatal hernia is moot because the Veteran has already been service-connected for IBS, hepatitis B, and GERD, which completely encompass the manifestations of his currently claimed hiatal hernia disorder.  In this regard, a July 2020 VA medical opinion specifically indicated that it was “not possible” to differentiate the symptoms of hiatal hernia and GERD as they both involved “symptoms of esophageal irritation due to the presence of stomach acid.”

Absent evidence of a disability with distinct symptomatology from his service-connected IBS, hepatitis, and GERD disability, consideration of service connection for hiatal hernia is not warranted.  Such an action would amount to impermissible pyramiding, and VA is prohibited from awarding disability benefits for two separate diagnoses that produce the same manifestations of a disability.  38 C.F.R. § 4.14 (2020).  

Therefore, the Board finds that the claim of entitlement to service connection for a hiatal hernia must be dismissed as moot because service connection has already been established for GERD, and the Veteran is rated upon the symptomatology shown, which cannot be distinguished between his diagnoses.  38 U.S.C. § 7105.

To the extent the Veteran feels his gastrointestinal disabilities (IBS, hepatitis B, GERD, and hiatal hernia) may have increased in severity, the appropriate action is to file an increased rating claim for his disability at the AOJ, on the appropriate form. 

 

K.R. Kardian

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Casadei, 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.