IBS & irritable bowel decisions — 2017

The Veteran's claim for increased disability rating and eligibility for Dependents' Education Assistance benefits was granted. The appeal is denied as there was no valid notice of disagreement filed in connection with the August 2011 rating decision.

The Veteran's lung disorder, which includes restrictive lung disease and post-injury conditions such as right mainstem bronchial disruption and pulmonary contusion, status post fractures of the right fifth and sixth ribs, status post thoracotomy, tracheostomy, was aggravated by his service in Iraq. The Board finds that there is no clear and unmistakable evidence that the Veteran's lung disability was not aggravated by service.

The Board denied the Veteran's claims of service connection for right ear hearing loss, a back disability, and IBS. The claims were not reopened due to lack of new and material evidence.

The Veteran's claim for an earlier effective date for service connection of irritable bowel syndrome was denied. The Board found that the earliest effective date legally possible has been assigned, and no effective date for the award of service connection earlier than May 7, 2010 is assignable. For the issue of service connection for chest pain, new and material evidence was received to reopen the claim.

The Board found that the Veteran's bilateral hearing loss and IBS were not related to his military service, as there was no evidence of in-service injury or illness. The preponderance of the evidence did not support a finding of direct service connection for these conditions.

The Board has determined that additional development is needed to determine the Veteran's gastrointestinal disability and its relationship to service, including Gulf War exposure. The case will be remanded for further examination and opinion.

The Board found that the Veteran's generalized body pain and fatigue are not due to an undiagnosed illness or another qualifying chronic disease under 38 C.F.R. § 3.317, as his symptoms are attributable to pre-existing conditions and other diagnosed disorders.

The Veteran's claims for increased PTSD and TDIU prior to January 3, 2012 are denied. The Board finds that the Veteran is not entitled to a higher evaluation for his PTSD or entitlement to TDIU due to service-connected disabilities.

The Veteran's appeal for service connection for 'undifferentiated' seronegative rheumatoid arthritis has been withdrawn. The effective dates for the grants of service connection for fibromyalgia, chronic fatigue syndrome, irritable bowel syndrome, and headaches have been remanded due to procedural issues.

The Veteran's service-connected disabilities, including chronic fatigue syndrome and other conditions, render him unable to secure or follow substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including new VA examinations and readjudication of his claims.

The VA examiner found no current diagnosis of an intestinal condition, and the Veteran's symptoms were attributed to his PTSD. The Board denied service connection for IBS.

The Board found that the Veteran does not meet the criteria for service connection for Chronic Fatigue Syndrome or Irritable Bowel Syndrome, as his symptoms are attributed to other diagnosed conditions and there is no evidence of a chronic disability due to an undiagnosed illness.

The Board has determined that the VA examinations and opinions provided were inadequate, and thus a new examination is required for both the back disability and irritable bowel syndrome claims.

PTSD was initially granted with a 30% evaluation prior to September 5, 2012. The Veteran's PTSD has since been increased to 50% from September 5, 2012 to February 2, 2017 and to 70% thereafter.,PTSD remains at a maximum of 70% on or after February 2, 2017.

The Veteran's appeal is being remanded for additional development, including obtaining missing service treatment records and VA examinations to address the nature and etiology of her left knee disability, gastrointestinal (GI) condition(s), and PTSD.

The Board denied the Veteran's claims for service connection for a lower gastrointestinal disorder other than IBS, an extraschedular rating in excess of 20 percent for his lumbar spine disability, and TDIU as of March 21, 2014. The evidence did not support these claims.

The Board denied the Veteran's claims for earlier effective dates for service connection of IBS, right hip arthritis, and chronic groin pain (claimed as sore joints), finding no legal entitlement to such.

The Veteran is entitled to a TDIU due to the combined effects of his service-connected disabilities, including ischemic heart disease, prostate cancer, diabetes mellitus type II, cold injury, irritable bowel syndrome, and hemorrhoids. The effective date for this decision is February 11, 2016.

The Veteran's service-connected disabilities, including PTSD, IBS, gout, tinnitus, lumbar spine disc disease, and a right shoulder disability, have led to significant employment challenges. The proposed vocational rehabilitation plan does not include obtaining a Master’s Degree as it is deemed not reasonably feasible given the Veteran's current circumstances.