IRRITABLE COLON SYNDROME (SPASTIC COLITIS MUCOUS COLITIS)

Summary

The veteran, who served from August 2013 to August 2017, appeals the denial of service connection for irritable bowel syndrome (IBS). The veteran contended that IBS was caused or aggravated by medication prescribed for his service-connected post-traumatic stress disorder (PTSD). The Board reviewed the evidence of record at the time of the agency of original jurisdiction's May 2021 decision, as the veteran withdrew his hearing request and did not submit new evidence within the subsequent 90-day period. The Board applied the three-element test for service connection, requiring evidence of a current disability, in-service incurrence or aggravation, and a causal relationship. The Board found no competent medical evidence of a current diagnosis of IBS. While the veteran's private treatment records mentioned a history of IBS, the Board noted that the service and post-service treatment records were silent regarding complaints, diagnosis, or treatment for IBS during the appeal period. Specifically, recent VA treatment records indicated no formal IBS diagnosis and no bowel or bladder dysfunction. The Board acknowledged the veteran's competence to report symptoms but not to diagnose or attribute them to a specific condition. As the objective medical evidence showed no current disability related to IBS, the Board found the evidence persuasively against the claim, rendering the benefit-of-the-doubt doctrine inapplicable. Service connection for IBS was therefore denied.

Rationale

No competent medical evidence of current IBS diagnosis; Service and post-service records silent on IBS complaints/treatment; Recent VA records indicate no formal IBS diagnosis or bowel dysfunction

Full Decision Text

Citation Nr: A26035859
Decision Date: 04/16/26	Archive Date: 04/16/26

DOCKET NO. 210809-177045
DATE: April 16, 2026

ORDER

Entitlement to service connection for irritable bowel syndrome (IBS) is denied.

FINDING OF FACT

The persuasive weight of the evidence is against finding that the Veteran has a current diagnosis of IBS.

CONCLUSION OF LAW

The criteria for entitlement to service connection for IBS have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 2013 to August 2017.

In the August 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On May 19, 2025, the Veteran withdrew the hearing request.

Therefore, the Board may only consider the evidence of record at the time of the May 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran [or representative] within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Service Connection

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service.  38 U.S.C. §§ 1110. 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury.  Shedden v. Principi, 381 F.3d 1163. 1166-67 (Fed. Cir. 2004).

Service connection may also be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show: (1) a current disability; (2) a service-connected disability; and (3) a nexus between the current disability and the service-connected disability. See Wallin v. West, 11 Vet. App. 509, 512 (1988). As to the third Wallin element, the current disability may be proximately caused by or proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc); see also Ward v. Wilkie, 31 Vet. App. 233 (2019).

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the Veteran. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). The benefit-of-the-doubt rule does not apply when the evidence persuasively favors one side or the other. Lynch v. McDonough, 21 F.4th 776, 781-82 (Fed. Cir. 2021).

Entitlement to service connection for IBS is denied. 

The Veteran contends that he has IBS that was caused or aggravated by the medication prescribed for his service-connected post-traumatic stress disorder (PTSD). See May 2021 VA 21-526EZ, Fully Developed Claim (
 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). The benefit-of-the-doubt rule does not apply when the evidence persuasively favors one side or the other. Lynch v. McDonough, 21 F.4th 776, 781-82 (Fed. Cir. 2021).

Entitlement to service connection for IBS is denied. 

The Veteran contends that he has IBS that was caused or aggravated by the medication prescribed for his service-connected post-traumatic stress disorder (PTSD). See May 2021 VA 21-526EZ, Fully Developed Claim (Compensation).

In regard to the first element, a current diagnosis, the Board finds that there is no competent medical evidence of record that shows a current diagnosis of IBS.

The existence of a current disability is the cornerstone of a claim for VA disability compensation.  38 U.S.C. § 1110, 1131; see Degmetich v. Brown, 104 F.3d 1328, 1332 (1997).  The Court of Appeals for Veterans Claims (Court), in Martinez-Bodon v. Wilkie, 32 Vet. App. 393 (2020), defined a disability under 38 U.S.C. § 1110 as including any condition that results in a functional impairment of earning capacity.  The requirement that there be a current disability is satisfied when the disability is shown at the time of the claim or during the pendency of the claim, even if the disability subsequently resolves.  McClain v. Nicholson, 21 Vet. App. 319, 321 (2007).  In the absence of proof of such disability there is no valid claim for service connection under any theory of entitlement.  See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992).

The Board notes that although the Veteran's private treatment records reference a history of IBS with diarrhea as a preexisting condition. There is no indication that the Veteran has had IBS during the appeal period. Indeed, the Veteran's service and post-service treatment records are silent for complaints, diagnosis, or treatment for the claimed condition, IBS. More specifically, the Veteran's February 2024 VA treatment records explicitly indicate that the Veteran has not been formally diagnosed with IBS and otherwise has no bowel or bladder dysfunction. See February 2024 CAPRI Records.

The Board has considered the Veteran's contention that he has IBS. While the Veteran is competent to report any noticeable symptoms, he is not competent to diagnose IBS or attribute any symptoms to a specific diagnosis due to the medical complexity of the matters involved.  See Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007).  In this case, the objective medical evidence of record shows no current disability or functional impairment of earning capacity related to IBS or any other bowel dysfunction.

As there is no competent and probative evidence of a current diagnosis of IBS, the evidence is persuasively against the claim.  As there is not an approximate balance of positive and negative evidence, the benefit-of-the-doubt doctrine is not applicable, and service connection for IBS is not warranted.  See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.

 

 

I. Cannaday

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Marchese, Angel N.

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.