IBS & irritable bowel decisions — 2014

The Veteran's PTSD and dysthymic disorder are related to his in-service stressors, while the service connection for IBS is granted based on direct evidence. The effective date of the decision has not been determined.

The Board has determined that the effective date for a 30 percent rating for irritable bowel syndrome should be May 13, 2009, as it is factually ascertainable that an increase in disability had occurred within one year before the claim was received by VA on May 6, 2010.

The Board has remanded the case for further development, including additional VA examinations and consideration of the Veteran's TDIU claim.

The Veteran's service connection claims for various conditions, including gastrointestinal and lower leg disorders, were granted with an initial noncompensable rating. The Veteran's headaches claim resulted in a higher initial compensable rating.

The Board finds that the Veteran's current colon disorders, including diverticulitis/diverticulosis, hemorrhoids, and irritable bowel syndrome, were not caused or aggravated by his active duty service. The evidence does not support a finding of direct service connection.

The Veteran's appeal on the claim of service connection for irritable bowel syndrome is being remanded to allow consideration of additional evidence submitted by the Veteran prior to a decision in March 2012. The issue of service connection for chronic fatigue syndrome has been withdrawn.

The Veteran's service-connected disabilities prior to March 15, 2011 did not preclude him from securing or following a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for GERD, bilateral hearing loss, obstructive sleep apnea, IBS as due to undiagnosed illness, headaches as due to undiagnosed illness, and muscle fatigue as due to undiagnosed illness. The left foot disability was rated at 10 percent.

The Veteran's service connection claim for irritable bowel syndrome is granted as it is found to be directly related to his period of active service.

The Board has remanded the case for further development due to a need to consider evidence submitted in response to a VHA medical expert opinion, and the Veteran's request not to waive AOJ consideration.

The Veteran's service connection claims for IBS, migraines, lumbar spine disability, and bilateral hip disability are granted due to the presumptive provisions applicable to Persian Gulf War veterans.

The Veteran's claims for increased ratings of service-connected irritable bowel syndrome and lumbosacral strain with degenerative disc disease are being remanded to the RO via the Appeals Management Center (AMC), in Washington, DC. The Board finds that VA's VCAA duties to notify and assist the Veteran have been met in this case.

The Board has denied the Veteran's appeal for an increased rating for service-connected peptic ulcer disease (PUD) and has also denied his request to reduce the evaluation from 20 percent to zero percent effective October 1, 2012. The Veteran is currently receiving a noncompensable evaluation for PUD.

The Veteran's claim for service connection for IBS was granted on a presumptive basis due to his service in the Southwest Asia Theater of operations during the Gulf War. The effective date is set at June 1, 2009.

The Board has determined that the Veteran's current gastrointestinal disorder did not have its onset in service and is not related to his service-connected PTSD. The claim for secondary service connection was denied.

The Veteran's appeal is being remanded for additional development, including a VA compensation examination in connection with his service connection claim for gallbladder removal and an additional VA mental health examination to assess the current severity of his PTSD.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to secure and follow a substantially gainful occupation.

The Board has determined that additional development, including an examination and notification to the Veteran about alternative sources of evidence for in-service stressors, is necessary before a final decision can be made on the issues of service connection for PTSD, hypertension, erectile dysfunction, and irritable bowel syndrome.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a Gulf War examination to address the nature, extent, onset, and etiology of her claimed disorders.

The Veteran's appeal is being remanded to the RO for a Travel Board Hearing. The claims of service connection for heart disability, irritable bowel syndrome, and left spontaneous pneumothorax are pending.