The Veteran's claims for earlier effective dates for service connection were denied. The Board found no clear and unmistakable error in the March 2016 rating decision denying IBS, as there was no evidence of a current diagnosis at that time. For bilateral plantar fasciitis and ankle ligament instability, the claim was denied based on finality of the January 2001 rating decisions.
The deciding factor: The Board determined that the March 2016 decision denying IBS did not commit CUE because there was no evidence of a current diagnosis at the time. The January 2001 decisions for bilateral plantar fasciitis and ankle ligament instability were final due to lack of timely appeal or new and material evidence.
- Claimed conditions
- Irritable Bowel Syndrome (IBS), Bilateral Plantar Fasciitis, Right Ankle Ligament Instability, Left Ankle Ligament Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2024
- Citation
- A24051198
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 A24051198.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Granted
The Veteran's service-connected disabilities, including PTSD, right knee meniscal tear, and IBS, have rendered him unable to secure or follow any substantially gainful employment from May 1, 2020 to May 1, 2021. The Board finds that the evidence is in balance, with all reasonable doubt resolved in favor of the Veteran.
- Denied
The Board has denied the veteran's claim for an initial compensable disability rating for his IBS, finding that the evidence does not meet the criteria for a moderate or severe condition as defined by VA regulations.
- Granted
The Board has granted an initial 20 percent rating for service-connected vitamin D deficiency, finding that the Veteran's recurrent abdominal pain and diarrhea most closely approximates the criteria for a 20 percent rating under Diagnostic Code 6313. The claim for service connection for IBS was not addressed in this decision.
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