IBS & irritable bowel decisions — 2011

The Board has determined that the April 2010 VA examination report is inadequate and requires clarification regarding the Veteran's GERD and bowel spasms. The case is being remanded for further development, including a new VA examination to address her gastrointestinal complaints.

The Veteran's claim for service connection for irritable bowel syndrome was denied as there is no evidence of a chronic disability during or within one year after service, and the condition did not become manifest until approximately ten years post-service.

The Board has granted service connection for PTSD with chest pain and insomnia, finding that the Veteran's MOS as a combat engineer in Southwest Asia supports his claim of exposure to hostile military activity. The Veteran is now entitled to an initial rating for this condition.

The Veteran's irritable bowel syndrome is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's appeal is being remanded for a VA examination to assess the combined impact of his service-connected disabilities on his employability, and for consideration of any new evidence added since the last supplemental statement of the case.

The Board denied the Veteran's claims for service connection for various conditions, including a right hip and knee disability, psychiatric disabilities (including PTSD), sexual dysfunction, gastrointestinal disorder, and hemorrhoids. The decision found that these conditions were not related to his military service.

The Board denied service connection for gastritis, finding that the Veteran's current diagnosis of gastritis was not incurred in service.

The Board denied the Veteran's claim for a restoration of a 30 percent disability rating for gastroesophageal reflux disease and found that the reduction from 30 to 10 percent was proper. The Veteran is currently rated at 10 percent for this condition.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing before the Board of Veterans' Appeals. The case will be returned to the RO for scheduling a new hearing.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current left shoulder disability that was incurred or aggravated by service, and the cervical spine disability is not shown to be aggravated during service.

The Veteran's service-connected disabilities are of such severity to preclude him from obtaining or maintaining substantially gainful employment since discharge from service, and the Board has granted a total disability rating based on individual unemployability.

The Board dismissed the appeal due to the Veteran's death.

The Veteran's appeal for higher initial evaluations for her bunions, corns of the feet, right and left hand strains, lumbar strain, and irritable bowel syndrome was denied. The evidence did not support a finding that any of these conditions warranted a compensable rating.

The Veteran's claims for service connection for irritable bowel syndrome as secondary to esophageal reflux disease, and increased ratings for esophageal reflux disease and bilateral hearing loss are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's irritable bowel syndrome with reflux and hiatal hernia are already assigned the maximum schedular rating available. The issue of reopening his service-connected hiatal hernia was granted, but it is combined with his service-connected irritable bowel syndrome with reflux.

The Veteran seeks compensation under 38 U.S.C. § 1151 for injuries sustained during VA treatment, including fractured ribs and wound dehiscence of the sacral flap site. The Board finds that additional development is needed to determine if these injuries were a result of carelessness or negligence on the part of VA.

The Veteran's claim for fibromyalgia was granted with an effective date of December 20, 2011. The left shoulder injury claim has not been reopened.

The Veteran's claims for service connection for epilepsy, depression secondary to epilepsy, and irritable bowel syndrome secondary to epilepsy are being remanded due to the need for additional development including obtaining missing service treatment records and scheduling a VA examination.

The Veteran's GERD with IBS is currently rated at 10 percent, effective January 11, 2006. The Board found that the evidence did not support a higher rating due to the severity of his symptoms and their impact on daily life.

The Veteran's right shoulder disability, manifested by labral tear and strain with arthroscopic slap repair, is found to be related to active service. The Board grants service connection for this condition.