Citation Nr: 21030146 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 19-04 667 DATE: May 18, 2021 ORDER Entitlement to a rating of 30 percent, but not higher for service-connected spastic colon with chronic diarrhea is granted. FINDING OF FACT For the entire period on appeal, the Veteran's spastic colon with chronic diarrhea has been manifested by alternating diarrhea and constipation, and constant abdominal distress. CONCLUSION OF LAW The criteria for a 30 percent rating, but not higher, for spastic colon with chronic diarrhea have been met. 38 U.S.C. § 1155 (2018); 38 C.F.R. §§ 4.7, 4.20, 4.114, Diagnostic Code 7319 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Air Force from July 1966 to July 1970. This case comes before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In January 2020, the Board denied the Veteran's claim for entitlement to a compensable rating for spastic colon with chronic diarrhea. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In December 2020, the parties filed a joint motion to remand (JMR) the case for further development. The Court granted the JMR and remanded the case to the Board in December 2020. In the December 2020 JMR, the parties agreed that the Board failed to provide an adequate statement of reasons or bases for denying entitlement to a compensable rating for spastic colon with chronic diarrhea. Specifically, the parties found that the Board failed to discuss evidence of record materially favorable to the Veteran. The Veteran's service-connected spastic colon with chronic diarrhea is currently rated as noncompensably disabling under Diagnostic Code (Code) 7319 pertaining to irritable colon syndrome. Mild irritable colon syndrome, with disturbances of bowel function with occasional episodes of abdominal distress, is rated noncompensably (0 percent) disabling. Moderate irritable colon syndrome, with frequent episodes of bowel disturbance with abdominal distress, is rated 10 percent disabling. Severe irritable colon syndrome, with diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress, is rated 30 percent disabling. 38 C.F.R. § 4.114. The Veteran contends that his spastic colon with chronic diarrhea is manifested by diarrhea with more or less constant abdominal distress and without the use of medication for his condition it would be even worse. VA outpatient treatment reports reveal that the Veteran reported that he has loose stools between 3 and 4 times per day in August 2016. The records reflect that the Veteran has taken medication for his diarrhea during the pendency of the appeal. During a November 2016 VA examination, the Veteran reported watery bowel movements 5 to 6 times per day with the use of Imodium for his condition. The examiner noted that continuous medication is required for control of the Veteran's intestinal condition. The examiner indicated that the Veteran does not experience episodes of bowel disturbance with abdominal distress. In his February 2019 Form 9, the Veteran stated that his diarrhea is a continuous condition that interferes with his everyday activities and that he uses medication several times per day to control this problem. The Veteran reported that his abdominal distress is continuous and interferes with his everyday activities and work. Based on a review of the lay and medical evidence of record the Board finds that the Veteran is entitled to an increased 30 percent rating for his spastic colon with chronic diarrhea. Herein, the Board is granting an increased 30 percent rating, but no higher. In this regard, the evidence of record tends to show that the Veteran experienced diarrhea and constant abdominal distress throughout the appeal period. Although the VA examiner noted the Veteran does not experience episodes of bowel disturbance with abdominal distress, the Veteran is competent to report his gastrointestinal symptoms which include diarrhea with continuous abdominal distress. 38 C.F.R. § 4.114, Code 7913. The Veteran has consistently reported that his symptoms of abdominal distress are daily and regularly interfere with his everyday activities and work. The Board has considered whether a higher rating is warranted under any other criteria for rating disabilities of the digestive system. However, the Board finds that the Veteran's spastic colon with chronic diarrhea is most appropriately rated under the Diagnostic Code pertaining to irritable colon syndrome. In sum, the Board finds that the evidence for and against the claim of entitlement to a rating of 30 percent for spastic colon with chronic diarrhea is at least in equipoise. Resolving reasonable doubt in the Veteran's favor the Board finds that an increased 30 percent rating is warranted for his spastic colon with chronic diarrhea. Therefore, reasonable doubt must be resolved in favor of the Veteran and entitlement to a rating of 30 percent for spastic colon with chronic diarrhea is warranted. 38 U.S.C. § 5107(b) (2018); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). K.R. Kardian Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Cryan, 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.