IBS & irritable bowel decisions — 2008

The veteran's irritable bowel syndrome (Crohn's disease) is currently manifested by periodic exacerbations, alternating diarrhea and constipation, with generally moderately severe impairment and stable weight; there is modest control with diet and medications, including steroids. A rating in excess of 30 percent is not warranted.

The Board remands the case to provide proper VCAA notice in accordance with Kent v. Nicholson, as the previous notice was found to be insufficient.

The Board denied service connection for a stomach disorder (to include IBS) as it was not shown to have been caused or made worse by active military service or the service-connected Bell's palsy.

The Board denied the veteran's claims for service connection for irritable bowel syndrome and an increased rating for migraine headaches.

The veteran's claims for service connection for right ear hearing loss, residuals of fractured ribs, left hip and right fifth finger disabilities, a peptic ulcer, hypertension, an upper respiratory infection, renal failure, hyperlipidemia and gastroenteritis were denied as the evidence did not show that these conditions were incurred in or aggravated by active service.

The veteran's appeal for service connection for right ear hearing loss was denied, as the evidence did not support a finding that his hearing loss is related to his military service.

The veteran's claim for reimbursement of unauthorized private medical expenses incurred from April 18, 2003 to May 7, 2003 was denied because VA facilities were feasibly available and the veteran chose not to use them.

The appellant did not file a timely substantive appeal, and the Board lacks jurisdiction to consider the claims of entitlement to service connection for arthritis/joint pain, PTSD, avascular necrosis of the right hip, heart problems, right hand problems, and irritable bowel syndrome with diarrhea.

The Board denied service connection for the cause of the veteran's death and DIC benefits under 38 U.S.C.A. § 1318, as there was no evidence linking the veteran's fatal conditions to his service or service-connected disabilities.

The veteran's claim for a higher initial rating for irritable bowel syndrome is being remanded for further development, including scheduling a new VA examination and obtaining any recent medical records.

The Board denied the veteran's claims for increased ratings and earlier effective dates, finding that the evidence did not support a higher rating or an earlier effective date.

The veteran's claims for initial ratings in excess of 10 percent disabling for GERD and IBS, and a compensable rating for costochondrosis were remanded for further development.

The Board denied service connection for heart disease, cholecystitis and cholecystolithiasis, and a compensable evaluation for residuals of fracture, right 5th and 6th ribs.

The appeal is remanded to the RO for additional development and readjudication of the claims.

The Board denied service connection for sinus allergies/allergic rhinitis and higher initial ratings for hemorrhoids, tinea corporis eczema/rashes, pseudofolliculitis barbae, and irritable bowel syndrome (IBS).

The veteran was granted a 70 percent initial rating for depressive disorder with anxiety, effective from October 15, 2003. Other claims were denied or not addressed.

The veteran's initial evaluation for irritable bowel syndrome (IBS) with a history of erosive gastritis was denied, and no compensable rating was assigned for the service-connected left knee disability.

The Board denied service connection for a right knee disability as it was not shown during service and is not due to or aggravated by the veteran's service-connected left knee disability. The claim for an increased rating for residuals of fractures to the 6th and 7th posterior ribs with hypertrophic changes at T-7, T-8 was remanded for further development.

The Board granted service connection for irritable bowel syndrome (IBS) with constipation, but denied service connection for residuals of heat exposure. The veteran's PTSD and bilateral foot metatarsalgia were rated at 30 percent and 10 percent respectively.

The veteran's claim for an increased initial evaluation for her service-connected irritable bowel syndrome (IBS) was remanded to the RO/AMC for further development, including a new VA examination.