BVA Case 12-0238: Depression

PIETSCH, Judge :The appellant, Francisco Ortiz ,appeals through counsel a December 19, 2011,Board of Veterans'Appeals (Board)decision in which the Board denied him entitlement to an initial disability rating greater than 10%for irritable bowel syndrome and denied him entitlement to a total disability rating based on individual unemployability (TDIU).

The Board determined that the March 2010 VA medical examiner had not described the average daily frequency of the appellant's irritable bowel syndrome symptoms and had not provide[d]other equivalent information which would address the rating criteria for evaluating the severity of the disability.

The Board thus concluded that the March 2010 VA medical examination was inadequate because it failed to address the criteria upon which the [appellant's irritable bowel syndrome]is rated,and failed to provide information as to whether there were any changes in severity during the pendency of the appeal.

The Board found,therefore,that a new medical examination should be ordered.

The examiner opined that the appellant's current complaints of diarrhea [are] at least as likely as not related to his history of irritable bowel syndrome.

Regarding irritable bowel syndrome,the Board determined that the appellant experiences watery stools three times per day, but does not suffer from constipation,abdominal pain,or swelling.

Thus,the Board concluded,the appellant's disorder is not of the severity required for an increased disability rating.

Regarding TDIU,the Board determined that the appellant's service-connected disabilities, when considered in isolation from other factors,do not preclude [him]from securing or following a substantially gainful occupation.