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189 vetted Board decisions in 2013.
The Veteran's gastrointestinal disabilities, including gastritis, irritable bowel syndrome, and hiatal hernia, are currently rated at a 40 percent disability rating under the criteria for duodenal ulcers. The Board denied entitlement to separate ratings in excess of 40 percent.
The Veteran's appeal is mixed, with some issues granted and others not. The claims for service connection for irritable bowel syndrome and gastroesophageal reflux disease to include as secondary to posttraumatic stress disorder are pending. The claim for increase in rating for coronary artery disease from May 25, 2005, to April 2, 2009, is granted. The claims for an earlier effective date for a total disability rating based on individual unemployability and special monthly compensation by reason of being housebound are pending. The claim for educational assistance pursuant to Chapter 35 of Title 38 of the United States Code has not been adjudicated yet.
The Board found that a current disability was not incurred due to service, and arthritis of the low back is not presumed to have been incurred during service.
The Board denied service connection for the appellant's claimed low back disorder, left knee injury (torn meniscus), obstructive sleep apnea, irritable bowel syndrome, left ankle/tendon disorder, and right ankle/tendon disorder. The decision found that these conditions were not incurred or aggravated by active military service.
The Veteran is seeking service connection for Crohn's disease, which he contends should be secondary to his already service-connected IBS. The Board has determined that additional development is necessary.
The Veteran's appeal is being remanded to obtain additional medical opinions regarding the etiology of his diagnosed gastrointestinal disabilities and erectile dysfunction. The VA will provide a new examination for these issues.
The Board has reopened the Veteran's claim of entitlement to service connection for IBS and granted it. The claims for stomach disorders, incisional hernia with post-operative scar, and migraines are also addressed.
The Board is remanding the claim for service connection for irritable bowel syndrome (IBS) manifested by stomach pains due to the need for additional medical records from the VA Medical Center in Dublin, Georgia. The Veteran reported receiving treatment for stomach-related complaints at this facility in 1976.
The Veteran's claim for service connection for a gastric disorder, claimed as stomach problems, is being remanded due to the need for additional development including obtaining VA treatment records and providing an opinion from a VA examiner.
The Veteran's gastrointestinal disorders, including pancreatitis, esophagitis, sigmoid diverticulosis, and possible irritable bowel syndrome, are being remanded for additional development to determine if they are related to exposure to contaminated water at Camp Lejeune during active service.
The Veteran's diagnosed gastroesophageal reflux disease does not qualify as an undiagnosed illness or a medically unexplained chronic multisymptom illness, and thus the claim for service connection is denied.
The Veteran's claims for service connection have been granted. He is now entitled to compensation for a gastrointestinal disorder, including duodenitis, irritable bowel syndrome, and diverticulitis; PTSD; an acquired psychiatric disorder (excluding psychosis, personality disorder, schizophrenia, and alcohol abuse); right ear hearing loss; left ear hearing loss; and tinnitus.
The Veteran's appeal is being remanded for a hearing before a Veterans Law Judge via video conference at his local RO. The issues of entitlement to service connection for irritable bowel syndrome and alcoholism are pending.
The Veteran's irritable bowel syndrome was aggravated by his service-connected major depression with anxiety, and the criteria for service connection have been satisfied.
The Veteran's appeal for higher disability ratings for irritable bowel syndrome and hemorrhoids prior to October 18, 2012, has been dismissed as he withdrew his appeal in March 2013.
The Veteran's claims for service connection for IBS and fibromyalgia were denied as new and material evidence was not received to reopen the previously denied claims.
The Veteran's claims for increased ratings for chronic gastritis with IBS and hemorrhoids have been granted, with the rating for gastritis now at 30 percent and the rating for hemorrhoids now at 20 percent effective October 24, 2011.
The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as his disability is not deemed to be proximately due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
The Veteran's IBS is currently rated as 30 percent disabling, the highest schedular rating available for IBS under DC 7319. The Board denied a higher initial rating and did not find extraschedular consideration warranted.
The Board has determined that the Veteran's diagnosed overactive bladder disorder and IBS are secondary to her service-connected fibromyalgia, with all reasonable doubt resolved in favor of the Veteran.
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