Hemorrhoids decisions — 2004

The Board has remanded the case due to inadequate VCAA notice, and the appellant must be provided with proper notice as per the Veterans Claims Assistance Act of 2000.

The veteran's increased ratings for callosities of both feet and seborrheic dermatitis of the scalp, face and eyelids were granted effective October 4, 2000. The case remains on appeal for higher evaluations in excess of 30 percent disabling for these conditions.

The Board has granted an effective date of May 14, 1996 for the assignment of a 20 percent evaluation for hemorrhoids. The veteran's claim for higher evaluations for reflux esophagitis and pseudofolliculitis barbae is remanded for further development.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death. The medical evidence does not show that his end-stage COPD/emphysema had its origins in service, and there is no indication of a connection between his lung cancer and his service.

The Board has remanded the case due to a need for clarification regarding the veteran's claim of entitlement to an increased disability rating for bronchial asthma. The veteran is seeking a higher rating, and VA will conduct further examination and review his medical records to determine if he qualifies for a higher rating based on systemic corticosteroids.

The Board has determined that the veteran's claimed right ankle condition, shin splints, and rectal bleeding were not incurred in or aggravated by active service.,Additionally, there is no basis for presumptive service connection for these conditions.

The Board denied the veteran's claims for service connection for low back disorder, hemorrhoids, fungus disorder, and respiratory disorder. The appeals were dismissed as new and material evidence was not submitted to reopen any of these claims.

The VA determined that the veteran's post-operative hemorrhoids do not meet the criteria for a compensable rating under the applicable VA rating schedule.

The Board denied an increased rating for the veteran's service-connected hemorrhoids, finding that the evidence did not support a higher evaluation than zero percent.

The veteran's claims are being remanded to the RO for additional development of his medical records and consideration of new evidence. The case will be returned to the Board after this process.

The Board denied the veteran's claims of service connection for hearing loss and an increased evaluation for hemorrhoids. The veteran does not have a current hearing loss disability as defined by VA regulations. His hemorrhoids are currently evaluated at 10%.

The veteran's claim for additional vocational rehabilitation benefits under Chapter 31 has been denied because his service-connected disabilities have not worsened to the extent that they preclude him from performing the duties of his current occupation.

The Board denied the veteran's claims for increased evaluations for his service-connected hemorrhoids, finding that a higher evaluation was not warranted prior to July 6, 2001 and from July 6, 2001.

The VA determined that the veteran does not have a bilateral knee disability, neck pain, rectal bleeding (hemorrhoids), or left shoulder disability that is related to his military service.

The veteran's claim for an increased rating for hemorrhoids was denied as the evidence did not show large or thrombotic hemorrhoids. The claim for service connection for a bilateral eye disability and compensation under 38 U.S.C.A. § 1151 for numbness in the left leg is remanded due to missing medical records.

The veteran's claims for increased evaluations for his lumbar strain, right shoulder condition, and hemorrhoids are being remanded due to the need for additional medical records and examinations.

The veteran's claim for unreimbursed medical expenses prior to November 1, 1999 was denied as these expenses were not considered in the annualization period. The veteran's claim for special monthly pension based on need for aid and attendance or housebound status was also denied.

The Board has determined that the veteran's hemorrhoids are rated at 20 percent, which is the maximum under the schedular criteria. The case does not present an exceptional or unusual disability picture warranting an extraschedular evaluation.

The VA has determined that the veteran's hemorrhoids and hearing loss of the right ear do not warrant a compensable disability rating.

The Board has remanded this case for further development, including a VA examination to assess the current severity of the veteran's service-connected hemorrhoids and to determine the nature and likely etiology of his claimed psychiatric disorder. The RO will also consider whether separate ratings can be assigned based on different periods of time.