IBS & irritable bowel decisions — 2009

The Veteran does not have Irritable Bowel Syndrome (IBS) and there is no evidence of a qualifying chronic disability under 38 C.F.R. § 3.317.

The Veteran withdrew his appeals for service connection for chronic gastritis and hot and cold flashes. The Board also dismissed the claim of service connection for IBS as due to an undiagnosed illness, as there is no current diagnosis of IBS.

The Veteran's claim for an earlier effective date of November 18, 2004 for the grant of service connection for IBS has been granted. The issues of increased evaluation for IBS and for a psychological disability, and TDIU are addressed in the REMAND portion of the decision.

The Board has remanded the case for further development, including verification of the appellant's periods of active duty and inactive duty training in the Naval Reserves. The appellant should be scheduled for a medical examination to determine if he suffers from residuals of injuries sustained in a motor vehicle accident in February 1960.

The Veteran's claimed chronic fatigue syndrome and gastrointestinal disorder (IBS) were not incurred or aggravated by active duty service, nor are they shown to be due to undiagnosed illness as a result of service in the Southwest Asia theater during the Persian Gulf War.

The Board found that the Veteran's chronic diarrhea and undiagnosed illness qualify for service connection under the provisions of 38 U.S.C.A. § 1117, and granted service connection for irritable bowel syndrome (IBS). Service connection was also granted for chronic fatigue syndrome (CFS) due to an undiscovered illness.

The Board denied the Veteran's petitions to reopen his claims for service connection for hepatitis, IBS, and residuals of hepatitis. The evidence received since the June 1998 denial was not considered material.

The Board denied the Veteran's claims for service connection for gas and constipation, IBS, and coronary pulmonary disease. The effective date of the grant of a 100% disability rating for hypertensive heart disease was set at January 6, 2004.

The Veteran's appeal concerning service connection for irritable bowel syndrome (IBS) has been withdrawn. The Board is remanding the issue of entitlement to an initial increased rating for posttraumatic stress disorder (PTSD).

The Board denied service connection for a gastrointestinal disorder, including irritable bowel syndrome (IBS), as due to an undiagnosed illness as a result of service in the Southwest Asia theater during the Persian Gulf War. The Veteran's symptoms were not shown to be chronic or related to his active duty service.

The Veteran's claims for sleep apnea and chronic fatigue syndrome were denied. The Veteran's service-connected residuals of meningitis, to include headaches, are currently rated at 30 percent.

The Veteran's chronic fatigue syndrome and irritable bowel syndrome are considered qualifying chronic disabilities under the provisions of 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317, as they became manifest to a degree of at least 10 percent after his Persian Gulf service.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities was denied as his combined disability rating is less than the threshold requirements for TDIU.

The Veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension benefits based on need for aid and attendance or housebound status.

The Board found no clear and unmistakable error in the January 1949 rating decision that reduced the ratings for service-connected psychiatric disability, changed the name of the respiratory disability, and increased the rating for a left chest disability.

The Board found that the Veteran does not have a current diagnosis of irritable bowel syndrome (IBS) and thus denied service connection for IBS.

The Veteran's claims for service connection for chronic fatigue, irritable bowel syndrome, and memory loss are denied as there is no objective evidence of these conditions during the appeal period.

The Veteran is seeking service connection for various conditions, including an acquired psychiatric disorder. The Board has determined that a remand is necessary to obtain additional medical opinions regarding the nature and etiology of these claims.

The Veteran withdrew his appeal of the denial of entitlement to service connection for a lung disability due to asbestos exposure at his August 2008 RO hearing.

The Board granted service connection for PTSD and assigned a 10 percent rating effective March 16, 2004. The Veteran's appeal was withdrawn as to the issue of service connection for basal cell carcinoma to include as secondary to herbicide exposure. A compensable rating for right ear hearing loss was denied. The claim for reopening the IBS service connection was not addressed in this decision.