Hemorrhoids decisions — 2005

The Board denied increased ratings for service-connected bursitis of the right hip and hemorrhoids with persistent bleeding due to anal fissure with secondary anemia, finding that the veteran's conditions did not warrant higher evaluations based on current evidence.

The Board has determined that the veteran did not timely file a substantive appeal for his claims regarding abdominal pain, right inguinal hernia repair, hemorrhoids, and multiple noncompensable service-connected disabilities. As such, these appeals are dismissed.

The veteran's appeal is being remanded due to procedural deficiencies, including the failure to provide VCAA notice and a statement of the case regarding his claims for service connection.

The veteran's death was not caused by a service-connected condition, and thus the appellant is not entitled to burial benefits based on service-connected death.

The Board denied the veteran's claims for service connection for a back disorder and special monthly compensation based on loss of use of a creative organ, finding no relationship between his claimed conditions and his service-connected disabilities. The rating for his status post bilateral inguinal hernia repair was increased to 40 percent.

The Board has determined that the veteran's claimed hemorrhoids were not incurred or aggravated in service and denied his claim for service connection.

The Board is remanding the case to determine if a timely Substantive Appeal was filed with respect to the February 1995 rating decision denying service connection for various conditions, and to issue a Statement of the Case regarding reopening claims for back disorder and bilateral hearing loss.

The Board has determined that new and material evidence has not been received to reopen the previously denied claim for service connection for a fistula in ano. The veteran's request was based on his assertion that the fistula condition is related to his service-connected hemorrhoids.

The RO denied the veteran's claims for service connection for bronchitis, hemorrhoids, and a cardiovascular disorder to include hypertension. The case is being remanded due to the veteran not reporting to his requested hearing.

The veteran's service-connected hemorrhoids have been rated as noncompensable since the initial grant of service connection in October 2002, due to lack of evidence of large or thrombotic hemorrhoids with frequent recurrences.,Service connection for genital condyloma has not been granted because there is no evidence of genital warts or other manifestations.

The veteran's claimed conditions, including hemorrhoids with colon polyps and diarrhea, pulmonary disability, right knee disability, left knee disability, depression, fatigue, insomnia, sacroiliac joint disability, lumbar spine disability, hip disability, and muscle twitching, are not service connected due to lack of evidence supporting a link between these conditions and his military service.

The veteran's claim for increased ratings for residuals of a fracture of the right pelvis and hemorrhoids was denied as there is no basis to grant an evaluation in excess of the currently assigned 10 percent for each condition.

The Board denied the veteran's claims for service connection for hemorrhoids and entitlement to a total disability rating based on individual unemployability, finding that his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Board denied the veteran's claims of service connection for periodontal disease due to smoking and nicotine dependence, as well as her requests for increased evaluations for psoriasis and external hemorrhoids. The appeals were not granted.

The veteran's service-connected residuals of prostate cancer with hemorrhoids are rated at 10 percent, and his TDIU claim is granted.

The veteran's service-connected conditions do not meet the criteria for a TDIU rating based on their combined compensation rating of 20 percent.

The veteran's appeal is denied for the issues of service connection for various conditions, with no new evidence provided to reopen previously denied claims.

The Board has denied the veteran's claims for service connection for herpes simplex and hemorrhoids. The decision on herpes is granted, while the denial of hemorrhoids remains.

The Board has determined that the veteran's service-connected hemorrhoids do not meet the criteria for a higher disability rating, and thus denies an initial compensable evaluation.

The Board denied the veteran's request for an earlier effective date of August 3, 2000 for his TDIU rating due to lack of factual ascertainability prior to that date.