IBS & irritable bowel decisions — 2016

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim prior to September 18, 2006 and no factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Veteran's TDIU claim is granted as his service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case for scheduling a videoconference hearing to address all issues on appeal.

The Veteran's fibromyalgia is rated at 40 percent since November 8, 2013. The effective date for the TDIU rating has been set as November 1, 2003.

The Board has determined that the Veteran's numbness of the groin and thighs is related to service, granting service connection for this condition. The gastrointestinal symptoms are being remanded as the VA examination report did not adequately address the Veteran's assertions regarding his in-service symptoms and their relation to his current conditions.

The Board denied the Veteran's claims of service connection for various conditions, including PTSD and acquired psychiatric disorders. The right knee disability claim was also denied. Service connection is not granted for any of the claimed conditions.

The Veteran's myralgia paresthetica of the left thigh is rated as noncompensable, and his irritable bowel syndrome claim under 38 U.S.C.A. § 1151 was denied.,The VA did not find fault on their part in causing additional disability for either condition.

The Board has ordered additional development due to the need for clarification of medical records and opinions regarding service connection.

The Veteran's irritable bowel syndrome is currently rated at 10 percent, the maximum schedular rating available under Diagnostic Code 7319. The Board finds that this rating adequately reflects the severity of his symptoms throughout the appeal period.

The Veteran's IBS was initially rated as noncompensable prior to March 11, 2011 and granted a 10 percent rating thereafter. The TMJ condition received an initial compensable rating prior to March 22, 2011 but was denied higher ratings.,The Veteran's IBS symptoms have been characterized by frequent episodes of bowel disturbance with abdominal distress since March 11, 2011.

The Veteran's Crohn's disease, irritable bowel syndrome, and pancreatitis have been rated at 30 percent since the initial grant of service connection. The Board finds that her symptoms do not warrant a higher rating as they are currently productive of moderate disability.

The Board has granted the Veteran's TDIU and SMC at the housebound (s-1) rate effective February 4, 2010. The decision is based on the combined effects of multiple service-connected disabilities, with fibromyalgia being the single disability that renders the Veteran unemployable.

The Veteran's service-connected disabilities, including PTSD, migraine headaches, thoracolumbar spine disability, and other conditions, render her unable to secure or follow substantially gainful employment. The Board grants a TDIU from January 12, 2005.

The Veteran's claims for earlier effective dates for service connection of PTSD, lumbar arthritis, radiculopathy of the right lower extremity, and irritable bowel syndrome were denied as there was no evidence of a claim prior to May 16, 2010.

The Board has determined that the Veteran's thoracic spine disability is at least as likely as not incurred during service, and thus grants service connection for this condition. The issue of gastroenteritis remains pending.

The Veteran's claims for service connection for chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome are being remanded due to the need for additional development. The TDIU claim is held in abeyance until these issues are resolved.

The Veteran's claims for service connection for chronic fatigue syndrome and gastrointestinal disability, to include irritable bowel syndrome (IBS), have been denied. The Board found that the Veteran did not meet the criteria for a current diagnosis of chronic fatigue syndrome and his symptoms were attributed to his service-connected psychiatric disorder and fibromyalgia. His claim for IBS remains pending as there is no evidence of record linking it to service.

The Board has granted service connection for PTSD and assigned a disability rating of 70 percent, effective from May 5, 2009 to July 25, 2013. The Veteran's other claims have been denied.

The Board has granted service connection for IBS, finding that the Veteran's current IBS is likely related to his military service. Service connection was denied for GERD.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain additional medical records, conduct VA examinations, and ensure all development actions have been completed.