Citation Nr: 21014108 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 09-24 620 DATE: March 11, 2021 ORDER Entitlement to an initial rating of 30 percent, but no higher, for irritable bowel syndrome (IBS), prior to October 6, 2015, is granted. Entitlement to a rating in excess of 30 percent for IBS, from October 6, 2015, is denied. FINDINGS OF FACT 1. Prior to October 6, 2015, the Veteran’s service-connected IBS has been manifested by more or less constant abdominal stress with alternating constipation and diarrhea. 2. From October 6, 2015, the Veteran has been in receipt of the maximum rating for IBS. CONCLUSIONS OF LAW 1. The criteria for an initial rating of 30 percent, but no higher, for IBS, prior to October 6, 2015, have been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 4.1, 4.3, 4.10, 4.14, 4.27, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 7319. 2. The criteria for a rating in excess of 30 percent for IBS, from October 6, 2015, have not been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 4.1, 4.3, 4.10, 4.14, 4.27, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 7319. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 1987 to July 1989 and from July 2006 to November 2007, and on active duty for training (ACDUTRA) from November 2004 to March 2005. The Veteran appealed a June 2013 rating decision by the Agency of Original Jurisdiction (AOJ). A Board of Veterans’ Appeals (Board) hearing was held in October 2015. A transcript is of record. In July 2016 and September 2018, the Board remanded the Veteran’s claims to the AOJ for further action consistent with the Board’s remand directives. The claims are back before the Board for further appellate proceedings. The Board finds there has been substantial compliance with its remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). A May 2020 rating decision granted an increased rating of 30 percent for IBS effective October 6, 2015. Under Diagnostic Code 7319, irritable colon syndrome (spastic colitis, mucous colitis, etc.) warrants the maximum 30 percent (severe) rating where there is diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress. A 10 percent (moderate) rating is warranted where there are frequent episodes of bowel disturbance with abdominal distress. 1. Prior to October 6, 2015 The Board notes the AOJ increased the Veteran’s IBS rating to 30 percent based on testimony he gave during the October 2015 Board hearing. However, it is likely the Veteran’s symptoms were present prior to the Board hearing. The Veteran stated he had gastrointestinal problems since service, that he had daily diarrhea and abdominal pain, and that it is still going on to present. See October 2015 Board hearing tr. at 29-31. September 2009 VA treatment records noted diarrhea and abdominal discomfort. January 2012 VA treatment records noted diarrhea and continued abdominal pain. The Veteran stated in his October 2013 notice of disagreement (NOD) that he had frequent IBS symptoms as diarrhea and constant severe abdominal pain. The Veteran’s August 2015 VA Form 9 noted abdominal distress and frequent bowel disturbances beginning in Iraq that continued to present. Importantly, the December 2019 VA examination report noted cramps and diarrhea that progressed since service, both diarrhea and constipation, and that the symptoms have stayed about the same since 2009. Thus, the Board finds that the Veteran’s IBS more closely approximates more or less constant abdominal distress with alternating constipation and diarrhea. Therefore, he is entitled to a 30 percent rating, the maximum rating under Diagnostic Code 7319. As such, a higher rating is not warrant at any point during the period on appeal. Based upon Hart v. Mansfield, 21 Vet. App. 505, 509-10 (2007), the Board has also considered whether staged ratings are appropriate. Since, however, the Veteran’s symptoms have remained constant at 30 percent levels for his IBS, staged ratings are not warranted. Thus, the Board finds that the criteria for an initial disability rating of 30 percent, but no higher, are met. See Gilbert v. Derwinski, 1 Vet. App. 49, 55-57 (1990); 38 C.F.R. § 3.102. 2. From October 6, 2015 (Continued on the next page)   As noted above, the Veteran is now in receipt of the maximum schedular rating for IBS for the entire period on appeal. As such, a higher schedular rating is not warrant at any point during the period on appeal. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Zheng, 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.