Hemorrhoids decisions — 2000

The Board has determined that further development is needed before a decision can be made on the veteran's claims for increased evaluations of his service-connected disabilities.

The Board denied the veteran's claims for increased disability ratings and a total disability rating based on individual unemployability due to service-connected disabilities, finding that his combined disability rating was insufficient to meet the requirements under section 4.16(a) of VA regulations.

The Board granted a 10 percent disability rating for the veteran's service-connected hemorrhoids, effective from the date of the award of service connection for the disorder. The veteran's symptoms include anal burning, itching, and bleeding, with no objective evidence of thrombosis or fissures.

The veteran's disabilities, including a total abdominal hysterectomy and bilateral salpingo-oophorectomy, degenerative joint disease of the lumbar spine, cervical spondylosis, degenerative arthritis of the knees, hemorrhoids, COPD, and glaucoma, meet the criteria for a combined rating of 70 percent. The veteran is therefore considered unemployable due to her disabilities.

The Board found that the veteran's participation in the Chapter 31 vocational rehabilitation program was warranted due to his service-connected disabilities and need for rehabilitation, but denied it because he refused to cooperate in developing a feasible goal.

The veteran's service-connected residuals of fracture of the lumbar spine are rated at 20% due to moderate limitation of motion. The initial noncompensable and 10% evaluations for hemorrhoids and hypertension, respectively, remain unchanged.

The Board denied the veteran's claims for service connection for various conditions, including a skin disorder, cardiovascular disorders, polyps secondary to hemorrhoids, and pernicious anemia. The evaluation for degenerative disc disease at L4-5 was increased from 60% to 40% effective April 1, 1997.

The Board has denied the veteran's claims for service connection for bronchitis with sinusitis and colon polyps with carcinoma in situ, as well as his requests for increased evaluations for hemorrhoids and peptic ulcer disease. The evidence did not support a finding of current disabilities or a link to service.,No compensable ratings were assigned for the veteran's service-connected conditions.

The veteran's claim for service connection for a skin condition as secondary to exposure to herbicide agents (Agent Orange) is denied. The claim for an increased evaluation of the service-connected hemorrhoids prior to February 1, 1998 is also denied.

The Board denied the veteran's claims of entitlement to service connection for hearing loss disability, left knee injury residuals, and left knee laceration scar residuals. The claim for a compensable evaluation for hemorrhoids was also denied.

The Board found that the veteran's service-connected hemorrhoids did not warrant an evaluation in excess of 10 percent, and denied his claim for a compensable initial rating for bilateral hearing loss.

The veteran's claim for a compensable rating for hemorrhoids is being remanded to the RO for further development, including confirmation of representation and submission of an appropriate brief by the new representative.

The Board has determined that the veteran's claims for service connection for PTSD, residuals of an injury to the left side and back, hemorrhoids, hypertension, and residuals of fracture of the neck are not well grounded. The evidence does not support a finding of current disabilities or a link between these conditions and active military service.

The Board has determined that the veteran's claims for service connection for ulcer disease and thrombosed hemorrhoids are not well-grounded, as there is no medical evidence linking these conditions to his active duty.

The Board finds that the veteran's current rectal prolapse was incurred in service and grants service connection for it. The claim for an increased rating for residuals of hemorrhoidectomy is granted, with a compensable (10%) rating.

The veteran's service-connected disabilities do not meet the schedular criteria for a total rating, and his current employment constitutes substantially gainful employment. The Board concludes that the preponderance of the evidence is against the claim for a total rating based on individual unemployability due to service connected disabilities.

The veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound status, as his condition is primarily due to nonservice-connected conditions.

The Board found that the veteran's claims for service connection for hemorrhoids and low back disability are not well grounded. The claim for an increased rating of postoperative duodenal ulcer with vagotomy and antrectomy was also denied.

The Board has determined that the veteran's irritable colon syndrome is not well grounded and therefore, service connection for this condition cannot be established. The claim for an increased evaluation of bronchial asthma was granted with a rating of 30%.

The Board found no evidence linking the veteran's service-connected conditions to his death, and thus denied the claim for service connection for the cause of the veteran's death.