Citation Nr: 20006586 Decision Date: 01/27/20 Archive Date: 01/27/20 DOCKET NO. 15-27 305A DATE: January 27, 2020 ORDER Entitlement to an increased rating in excess of 30 percent for irritable bowel syndrome (IBS) is denied. FINDING OF FACT Throughout the appeal period, the Veteran’s IBS has been manifested by a severe manifestation of diarrhea and constipation, with more or less constant abdominal distress. CONCLUSION OF LAW The criteria for entitlement to an increased rating in excess of 30 percent for IBS have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.3, 4.7, 4.114, Diagnostic Code (DC) 7319. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service with the U.S. Army from August 1977 to October 1982, and from December 1990 to July 1991. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). By way of history, the Veteran was granted service connection and assigned a noncompensable rating for IBS in the July 2012 rating decision. This case was previously before the Board in September 2018 and remanded for further development. Due to the development of the claim, in a June 2019 rating decision, the RO increased the Veteran’s initial evaluation for IBS from a noncompensable rating to a 30 percent rating, effective February 14, 2012, the date of receipt of the Veteran’s claim. A Supplemental Statement of the Case (SSOC) was issued that same month; however, it did not address the issue of an increased initial rating for IBS. The Board, in its September 2019 decision remanded that claim for IBS to be addressed in a SSOC. The October 2019 SSOC continued the 30 percent rating granted in June 2019. Entitlement to an increased rating in excess of 30 percent for IBS. Disability evaluations are determined by the application of a schedule of ratings, which is based on average impairment of earning capacity caused by the given disability. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R. Part 4. When a question arises as to which of two ratings applies under a particular DC, the higher rating is assigned if the disability more closely approximates the criteria for the higher rating. 38 C.F.R. § 4.7. After careful consideration of the evidence, any reasonable doubt remaining, including degree of disability, is to be resolved in favor of the Veteran. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 4.3. When all of the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether a fair preponderance of the evidence is against the claim, in which case the claim is denied. Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). In any claim for an increased rating, "staged" ratings may be warranted where the factual findings show distinct time periods when the service-connected disability exhibits symptoms that would warrant different ratings. Hart v. Mansfield, 21 Vet. App. 505 (2007); Fenderson v. West, 12 Vet. App. 119 (1999). The Veteran's IBS is rated pursuant to DC 7319, for irritable colon syndrome. Pursuant to that DC, a maximum 30 percent rating is warranted for a severe manifestation with diarrhea or diarrhea and constipation, with more or less constant abdominal distress. See 38 C.F.R. § 4.114. The Veteran’s IBS is presently rated at 30 percent disabling under DC 7319. The VA’s Schedule for Rating Disabilities (Rating Schedule) does not contemplate a rating in excess of 30 percent under that DC, thus the Veteran is in receipt of a full grant under the schedular for DC 7319. There are no other pertinent findings during the period on appeal, and the Board may not employ another DC to rate the Veteran's IBS. See Copeland v. McDonald, 27 Vet. App. 333, 337 (2015) (when a condition is specifically listed in the rating schedule, it may not be rated by analogy and should be rated under the diagnostic code that specifically pertains to it). (Continued on the next page)   Moreover, the Veteran did not articulate any other current gastrointestinal symptoms either at his examination or in his contacts with the AOJ. Cf. February 2019 VA-Contracted Examination Report (Section VIII, Q 8a). Instead, he reported symptoms of diarrhea, constipation, and bowel disturbance. See April 2012 VA Examination; February 2019 VA-Contracted Examination; August 2015 CAPRI Records. As mentioned above, the Veteran has been assigned a 30 percent rating for his IBS during the entire appeal period. Because that is the maximum rating that can be assigned pursuant to DC 7319, an increased rating cannot be assigned and the matter must be denied. T.D. JONES Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. J. Rogers, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.