The Veteran's claim for a separate evaluation for diverticulitis was denied, and his current rating of 30 percent for gastroesophageal reflux disease with irritable bowel syndrome, hiatal hernia, H-pylori, and diverticulitis is upheld. The issue of increased ratings for sinusitis/allergic rhinitis remains pending.
The deciding factor: The Veteran's diverticulitis was found to be part of his service-connected gastrointestinal disorder (DC 7346) and thus cannot warrant a separate evaluation under the provisions of 38 C.F.R. § 4.114.
- Claimed conditions
- Diverticulitis, Gastroesophageal Reflux Disease (GERD), Irritable Bowel Syndrome (IBS), Hiatal Hernia, H-Pylori Infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- June 1, 2010
- Citation
- 1020041
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 1020041.
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.
- Partly granted
The Board granted an effective date of September 2, 2020, for the grant of service connection for irritable bowel syndrome (IBS) but denied a higher initial rating and TDIU.
- Partly granted
The Board granted service connection for GERD as it was aggravated by the Veteran's service-connected disabilities, but denied service connection for ED due to a lack of evidence showing a current diagnosis. The issue of entitlement to service connection for anxiety is remanded.
- Denied
The Board denied the claim for service connection for irritable bowel syndrome (IBS) as there was no competent or credible evidence of a current diagnosis during the appellate period.
- Denied
The Board denied the veteran's claim for service connection for irritable bowel syndrome (IBS) as there was no current diagnosis of IBS in the medical records.
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