IBS & irritable bowel decisions — 2016

The Board has granted the Veteran's claims for compensation pursuant to 38 U.S.C.A. § 1151 for additional stomach disorder, fibromyalgia and myofascial pain syndrome, and headache disorder as a result of VA medical treatment from statin medications.

The Veteran was granted service connection for depressive disorder, IBS, and left leg reflex sympathetic dystrophy effective February 14, 2005. The Board found that the effective dates should be September 14, 1994.,The Veteran initially filed claims for these conditions in 1994-1995, with service connection granted based on new evidence received after her initial claims.

The Veteran's IBS with GERD is currently rated at 30 percent, the maximum available under the applicable rating criteria. The Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his IBS was not more than severe in severity and that his left hip residuals did not meet criteria for ankylosis or other compensable limitations.

The Veteran's claims for increased ratings were denied as his service-connected conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

An effective date of May 3, 2006 was granted for the Veteran's claims seeking service connection for IVDS, right lower extremity radiculopathy, left lower extremity radiculopathy, and IBS with peptic acid syndrome. The effective dates were determined to be earlier than previously assigned due to a finding of clear and unmistakable error (CUE) in the July 2013 rating decision.

The Veteran's service-connected disabilities, including PTSD and anxiety with panic attacks, irritable bowel syndrome, and fatigue associated with these conditions, have rendered him unable to secure or maintain substantially gainful employment since December 1, 2012.

The Veteran's irritable bowel syndrome has been rated at 30 percent since September 27, 2010 and remains at that level as of September 21, 2012. The current rating is in line with the severity of his symptoms.

The Veteran's claims for increased ratings for IBS and neurogenic bladder disability are being remanded due to the need for new VA examinations.

The Board finds that the Veteran is not in need of regular aid and attendance or housebound as a result of his service-connected disabilities, thus denying his claim for special monthly compensation based on the need for aid & attendance/housebound status.

The Veteran is granted service connection for irritable bowel syndrome and fibromyalgia, both presumed due to undiagnosed illness. The Veteran's claims for bilateral hearing loss, chronic fatigue syndrome, eye condition (corneal abrasion), sinusitis, sleep apnea, low back pain, and scars are not supported by the evidence.

The Veteran's claim for an increased rating for his service-connected gastrointestinal disability, specifically status post colon resection with irritable bowel syndrome and diverticulitis, is denied as the condition already meets the maximum 40 percent rating under Diagnostic Code 7329. However, a separate 10 percent rating is granted for occasional fecal incontinence.

The Veteran's claims for service connection for various conditions have been denied. The Board found no evidence of a chronic eye disability, radiculopathy of the lower extremities, an acquired psychiatric disability (PTSD), COPD, emphysema, a chronic lung disability based on asbestos exposure, residuals of a back injury, IBS, or a psychosis in service.,The Veteran's claims for service connection were denied as there was no evidence linking any claimed conditions to his military service.

The Veteran's service connection claim for a gastrointestinal disorder, including irritable bowel syndrome, functional dyspepsia, and gastroparesis, is granted due to the presumption of service connection under 38 C.F.R. § 3.317(a)(2)(i)(B).

The Veteran's GERD with NSAID colitis has been rated at 30 percent since the appeal period began, reflecting severe symptoms including persistent regurgitation and sleep disturbances.

The Veteran's service-connected IBS and GERD have been rated at 30 percent since August 25, 2008.

The Veteran has withdrawn all his appeals, including those for increased ratings and service connection claims.

The Veteran's appeal is being remanded due to the need for additional development, including VA examinations and issuance of a Statement of the Case on the issue of service connection for primary hyperparathyroidism status post parathyroidectomy.

The Veteran withdrew his appeal seeking a rating in excess of 50 percent for anxiety disorder, not otherwise specified (mixed anxiety depressive disorder).

The Veteran's IBS has been productive of diarrhea, alternating diarrhea and constipation, and more or less constant abdominal distress. The Board found that the criteria for a disability rating of 30 percent for IBS have been met.