38 C.F.R. § 4.113
Coexisting abdominal conditions
There are diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common disability picture characterized in the main by varying degrees of abdominal distress or pain, anemia and disturbances in nutrition. Consequently, certain coexisting diseases in this area, as indicated in the instruction under the title “Diseases of the Digestive System,” do not lend themselves to distinct and separate disability evaluations without violating the fundamental principle relating to pyramiding as outlined in § 4.14.
Notes of Decisions
Cited in 8
cases, 2009–2018 · leading case: Dianne C. Tatum v. Eric K. Shinseki, 23 Vet. App. 152 (Vet. App. 2009).
Dianne C. Tatum v. Eric K. Shinseki, 23 Vet. App. 152 (Vet. App. 2009). “See 38 C.F.R. § 4.113 (2009). Moreover, the medical examinations in the record, relied on in part by the Board to determine that Ms.”
05-27 541 (Board of Vet. App. 2016). “20 ; see generally 38 C.F.R. § 4.113 . The medical evidence in this case consists of outpatient treatment records and VA examinations dated in March 2004, December 2011, October 2013, and January 2015.”
10-22 334 (Board of Vet. App. 2016). “38 C.F.R. § 4.113 (2014). Consequently, certain coexisting diseases in this area do not lend themselves to distinct and separate disability evaluations without violating the fundamental principle relating to pyramiding as outlined in § 4.”
Thomas I. Lyles, Jr. v. David J. Shulkin (Vet. App. 2017). “"); 38 C.F.R. § 4.113 (2017) (noting that "[t]here are diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common disability picture characterized in the main by varying degrees of abdominal distress or…”
12-01 457 (Board of Vet. App. 2018). “114 ; see also 38 C.F.R. §§ 4.113 , 4.14. There are two periods of time at issue here: from September 1, 2008 to December 16, 2016 when the Veteran's IBS was evaluated as noncompensably disabling; and from December 17, 2016 to the present, while the Veteran's IBS was evaluated…”
08-10 094 (Board of Vet. App. 2014). “At the outset and in particular response to the Veteran's request for separate ratings, the Board notes that 38 C.F.R. § 4.113 (2013) states that diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common…”
10-49 435 (Board of Vet. App. 2014). “38 C.F.R. § 4.113 . Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other.”
09-03 833 (Board of Vet. App. 2013). “Introductory language in 38 C.F.R. § 4.113 (2012) provides that because so many conditions of the digestive condition manifest in similar, overlapping symptomatology, assigning separate evaluations for multiple diagnoses constitutes prohibited pyramiding, or compensating the…”
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