The Board denied the veteran's claims for an effective date prior to May 21, 2001, for service connection of IBS and diverticulosis, and a rating in excess of 30 percent for hiatal hernia with GERD prior to that date.
The deciding factor: The RO did not have actual or constructive knowledge of the veteran's lower GI symptoms until January 2001, which were not part of his original claim. The Board found no reasonable basis to interpret the May 1999 statement as encompassing a broader service connection claim for IBS and diverticulosis.
- Claimed conditions
- IBS, diverticulosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2008
- Citation
- 0801802
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0801802.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
A 30 percent rating for irritable bowel syndrome (IBS) is granted, and service connection for hypertension is denied.
- Denied
The Board denied service connection for irritable bowel syndrome (IBS) as there is no current diagnosis of IBS or symptoms at any time during the pendency of the claim.
- Granted
The Veteran's IBS and obstructive sleep apnea are granted as service connected, with the latter condition likely originating during active service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, and will need to obtain an addendum medical opinion regarding the nature and etiology of the Veteran's diverticulosis and colon tumor.
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