The Veteran's claim for earlier effective date of service connection for IBS is granted based on clear and unmistakable error (CUE) in the May 2013 Rating Decision. The appeal for an earlier effective date for a 40% disability rating for lumbosacral strain is denied as it was not factually ascertainable that there was an increase in severity of his condition prior to April 6, 2021.
The deciding factor: The Veteran's service treatment records document diagnosis and treatment for IBS and chronic diarrhea during active service. The Board found clear and unmistakable error (CUE) in the May 2013 Rating Decision which denied service connection for a digestive condition due to lack of definitive evidence in STRs, but noting that there was no such evidence because it did not consider the September 2011 in-service diagnosis of IBS. The Board granted an effective date of December 31, 2012, and no earlier, for the grant of service connection for IBS based on CUE. For the lumbosacral strain, the Board found that it was not factually ascertainable that there was an increase in severity prior to April 6, 2021.
- Claimed conditions
- IBS, chronic diarrhea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 8, 2024
- Citation
- A24045035
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 A24045035.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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
A 30 percent rating for irritable bowel syndrome (IBS) is granted, and service connection for hypertension is denied.
- Granted
The Veteran's IBS and obstructive sleep apnea are granted as service connected, with the latter condition likely originating during active service.
- Dismissed
The Veteran's appeals for a compensable rating for chronic diarrhea, service connection for diverticulitis, and service connection for a respiratory system disability to include restrictive lung disease and sleep apnea syndrome have been dismissed due to the Veteran's death.
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