Hemorrhoids decisions — 2005

The Board has determined that the veteran does not have hemorrhoids related to his period of service and therefore denied his claim for service connection.

The Board found that the veteran's hemorrhoids were not incurred in or aggravated by military service and denied his claim for service connection.

The Board denied an increased initial evaluation for service-connected hemorrhoids, finding that the veteran's condition did not meet or nearly approximate the criteria for a compensable rating.

The Board denied the veteran's claims for reopening his service connection claim for hemorrhoids and an anal fissure, as well as his request for a higher rating for his abdominal scar. The evidence submitted since February 1997 was found to be cumulative of previous records and did not provide new information that would support reopening the claim. The veteran's current rating for his abdominal scars is 10 percent.

The Board has determined that a remand is necessary to obtain updated medical records and to schedule the veteran for a VA examination to assess his current condition of service-connected hemorrhoidectomy. The case will be returned to the Board after these actions are completed.

The veteran's service-connected dysthymic disorder with psychosis, herpes simplex, and hemorrhoids do not meet the schedular requirements for a total rating based on individual unemployability. However, referral to VA's Compensation and Pension Service was denied due to lack of evidence showing he is unable to work.

The Board denied the veteran's claims for service connection for hemorrhoids and an initial compensable evaluation for pseudofolliculitis barbae. The veteran's pseudofolliculitis barbae was found to be a noncompensable disability, while his hemorrhoids were not present in or related to service.

The Board denied the veteran's claims for service connection for tinnitus, increased ratings for hemorrhoids and low back disability, and earlier effective dates for the increased ratings.

The Board found that the veteran's service-connected hemorrhoids and chronic low back tendonitis do not warrant higher ratings under either the old or new rating criteria. The veteran's hemorrhoids are currently rated at 10 percent, while his low back disability is rated at 20 percent.

The veteran's service-connected disabilities, including multiple orthopedic conditions affecting the same body system, render him unable to secure or follow substantially gainful employment.

The Board has determined that the veteran does not have current diagnoses of pseudofolliculitis barbae, hemorrhoids, a rash of the groin and feet, or a psychiatric disorder. The service medical records do not show any diagnosis or treatment for these conditions during service, and there is no competent evidence showing their etiology with in-service events.

The VA denied the veteran's claims for an initial compensable rating for hemorrhoids and service connection for a respiratory disability, but granted service connection for hemorrhoids with a noncompensable rating. The claim of service connection for an acquired psychiatric disorder was not addressed in this decision.

The Board denied an increased evaluation for service-connected hemorrhoids and a separate compensable evaluation for multiple noncompensable service-connected disabilities. The veteran's service-connected conditions are rated as 0 percent, but the Board found no evidence of large or thrombotic hemorrhoids warranting a higher rating.

The Board denied service connection for a right elbow condition, bronchitis, and heart condition. Service connection was granted for bronchitis. Hemorrhoids were not diagnosed or related to service.

The veteran's claims for special monthly compensation based on the need for aid and attendance of another person, or at the housebound rate are denied. The claim for the housebound rate is moot as the veteran is already receiving a higher rate.

The Board denied a compensable evaluation for service-connected hemorrhoids, status-post anal fissure repair, finding that the evidence did not demonstrate an increase in severity of his current physical disability.

The Board has determined that an earlier effective date for the grant of a 10 percent disability rating for hemorrhoidectomy is not warranted, as it is not factually ascertainable from the evidence of record that an increase in disability had occurred within the year preceding the March 13, 2003 claim.

The veteran's claims for increased evaluations for residuals of hemorrhoidectomies and tinea pedis with Schamberg's disease were denied. The conditions are currently rated as 30 percent disabling each.

The Board denied the veteran's claims for increased ratings for hemorrhoids and anal stricture, finding that his current symptomatology does not warrant a compensable rating. The veteran is also denied a 10% rating under 38 C.F.R. § 3.324 as there is no convincing evidence of obvious limitation in employment due to these service-connected conditions.

The Board denied a rating in excess of 20 percent for the veteran's service-connected hemorrhoids, finding that the current 20 percent evaluation is the maximum available under VA regulations.