IRRITABLE COLON SYNDROME (SPASTIC COLITIS MUCOUS COLITIS)

Summary

The Veteran, who served in the United States Marine Corps from September 1972 to September 1974, appeals the denial of service connection for irritable bowel syndrome (IBS). The Veteran also sought service connection for IBS due to exposure to contaminated water at Camp Lejeune. The Board reviewed the evidence of record at the time of the February 2025 rating decision, noting the Veteran's claim for IBS was originally denied. The Veteran submitted a notice of disagreement in March 2025, leading to a higher-level review and the April 2025 rating decision, which is the subject of this appeal. The Board found that service connection for IBS was not warranted because the evidence did not reflect a current diagnosis of IBS or symptoms thereof. A review of the service treatment records and military personnel records showed no complaints, treatment, or diagnosis of IBS. The Board noted a discrepancy regarding treatment for IBS in service, but concluded that no permanent residual or chronic disability was shown. The Board determined that a VA examination was not warranted as the first element of the McLendon criteria was not met, specifically the lack of competent evidence of a current disability or symptoms. The Veteran's lay opinion regarding the presence of IBS was not considered competent evidence. Therefore, as there was no current disability, service connection for IBS was denied. The Board acknowledged the benefit of the doubt doctrine but found it inapplicable as the evidence weighed persuasively against the claim.

Rationale

No current diagnosis of IBS found in the record.; No evidence of IBS symptoms during or approximate to the pendency of the claim.; Service treatment records are silent for IBS complaints, treatment, or diagnosis.

Full Decision Text

Citation Nr: A26040381
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 260112-622611
DATE: April 29, 2026

ORDER

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

FINDING OF FACT

At no time during the pendency of the claim does the Veteran have a current disability of IBS, and the record does not contain a recent diagnosis of any such disability prior to the Veteran's filing of his claim.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from September 1972 to September 1974.

This matter is on appeal from an April 2025 higher level review rating decision.  In January 2026, the Veteran submitted a VA Form 10182, notice of disagreement, requesting direct review by a Veterans Law Judge.  The Board will consider evidence of record at the time of the February 2025 rating decision.  38 C.F.R. § 20.301.  The Board notes the Veteran was originally denied service connection for IBS in a February 2025 rating decision.  In March 2025, the Veteran requested a higher-level review.  As such, the AOJ issued the April 2025 rating decision which has been appealed.

Service Connection

Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303.  Establishing 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 (nexus) between the current disability and the in-service disease or injury.  Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).

Certain chronic disabilities, such as arthritis, are presumed to have been incurred in service, if they manifest to a compensable degree within one year of discharge from service.  38 U.S.C. §§ 1101, 1112; 38 C.F.R. §§ 3.307, 3.309.  Alternatively, when a disease at 38 C.F.R. § 3.309(a) is not shown to be chronic during service or the one-year presumptive period, service connection may also be established by showing continuity of symptomatology after service.  See 38 C.F.R. § 3.303(b).  See Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013).

After the evidence is assembled, it is the Board's responsibility to evaluate the entire record.  See 38 U.S.C. § 7104(a).  Where there is an approximate balance of positive and negative evidence regarding any issue material issue, VA shall resolve reasonable doubt in favor of the claimant.  38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Lynch v. McDonough, 21 F.4th 776, 780-81 (Fed. Cir. 2021).

The Veteran seeks service connection for IBS, to include as due to exposure to contaminated water at Camp Lejeune.  However, the Board finds that service connection is not warranted for IBS because the evidence of record does not reflect a current diagnosis of IBS or symptoms at any time during or approximate to the pendency of the claim.

A review of the medical record from the appeal period shows no diagnosis of any gastrointestinal condition, to include IBS or symptoms thereof.  Additionally, a review of the Veteran's service treatment records (STRs) and military personnel records are silent for any complaints or treatment of IBS or symptoms of IBS.  The Board notes the February 2025 rating decision found no diagnosed condition.  The AOJ noted that there is a record of treatment in service for IBS, no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service.  See February 2025 Rating Decision.  In the April 2025 rating decision, the AOJ noted that the Veteran's STRs do not document complaints related to, treatment for, or diagnosis of IBS.  See April 
 include IBS or symptoms thereof.  Additionally, a review of the Veteran's service treatment records (STRs) and military personnel records are silent for any complaints or treatment of IBS or symptoms of IBS.  The Board notes the February 2025 rating decision found no diagnosed condition.  The AOJ noted that there is a record of treatment in service for IBS, no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service.  See February 2025 Rating Decision.  In the April 2025 rating decision, the AOJ noted that the Veteran's STRs do not document complaints related to, treatment for, or diagnosis of IBS.  See April 2025 Rating Decision.  

After review, the Board does not find any treatment, diagnosis, or complaints associated with IBS.  The Board is unable to find any evidence of IBS in service, as noted in the February 2025 rating decision.  As such, the Board finds the note of treatment for IBS in service was in error.

The Board acknowledges that the Veteran has not been afforded a VA examination in connection with his claim.  However, the Board finds that an examination is not warranted.  Under McLendon v. Nicholson, 20 Vet. App. 79 (2006), the duty to assist requires a VA medical examination only where: (1) there is competent evidence of a current disability or persistent or recurrent symptoms of a disability; (2) there is evidence establishing that an in-service event, injury, or disease occurred, or evidence establishing certain diseases manifesting during an applicable presumption period; (3) there is an indication that the current disability or symptoms may be associated with the Veteran's service or with another service-connected disability; and (4) there is insufficient competent evidence to decide the claim.  38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4), McLendon v. Nicholson, 20 Vet. App. 79 (2006).

In this case, the first element of McLendon is not met.  The record contains no diagnosis of IBS, no indication of persistent or recurrent symptoms, and no competent evidence suggesting that either condition may be related to service or a service-connected disability.

While the Veteran is competent to report symptoms he experiences, he is not competent to diagnose medical conditions as he, as a lay person, does not have the requisite training and experience necessary to address such a complex medical matter.  See Layno v. Brown, 6 Vet. App. 465 (1994); see also Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007).  Thus, the Veteran's opinion as to the presence of IBS is not competent evidence and, consequently, afforded no probative weight.  Consequently, as there is no current disability, service connection for IBS is not warranted.  See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992).

In reaching this decision, the Board has considered the benefit of the doubt doctrine.  However, where the evidence weighs persuasively against the claim, as here, such doctrine is not applicable and service connection is not warranted.  See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990); Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).  The claim is denied. 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Glaeser, Jennifer

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.