Hemorrhoids decisions — 2009

The Veteran's current hemorrhoids are considered to have started during service and is granted service connection.

The Board denied the Veteran's claims for increased ratings for hiatal hernia, postoperative residuals of cervical fusion, degenerative arthritis of the lumbar spine, and hemorrhoids. The evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran is eligible for reimbursement of unauthorized private medical expenses incurred on June 12, 2007 at Morton Plant North Bay Hospital due to an emergency situation where delay would have been hazardous to his life or health. The VA facilities were not feasibly available and an attempt to use them beforehand was not reasonable.

The Veteran's service-connected disabilities, including coronary artery disease (CAD) and diabetes mellitus, are reasonably shown to be of such nature and severity as to preclude him from participating in any regular substantially gainful employment.

The Veteran's service-connected disabilities, while rated at a combined evaluation of 70 percent, do not preclude him from engaging in substantially gainful employment consistent with his education and occupational experience.

The Veteran's claims for initial compensable evaluations for hemorrhoids, migraine headaches, and a fracture of the left fourth finger were denied as there is no evidence of large or thrombotic hemorrhoids with frequent recurrences, less frequent prostrating attacks for migraines, or significant limitation of motion in the fractured digit.

The Veteran's chronic hemorrhoids were initially manifested during active service and are now granted. The Board finds that the Veteran did not have a chronic sinusitis with sore throat, burning eyes, and ear problems due to active service.

The Board found that the Veteran's claimed hearing loss in the right ear did not meet the criteria for service connection due to insufficient evidence of a current disability. The other conditions (GERD and hemorrhoids) were also denied as there was no showing of a current disability.

The veteran's service-connected disabilities do not cause loss or permanent loss of use of one or both feet, loss or permanent loss of use of one or both hands, or permanent impairment of vision of both eyes to the required specified degree. Therefore, he is not eligible for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment.

The Board has granted service connection for hemorrhoids and assigned a noncompensable evaluation, which the Veteran can appeal if he disagrees with this decision.

The Veteran's claims for increased ratings and TDIU were denied. The hearing loss claim was not addressed as it did not meet the criteria for a compensable rating, while the other issues had insufficient evidence to determine their validity.

The Veteran's degenerative arthritis of the right knee is attributable to service and was granted service connection. The claims for anal fissures, hemorrhoids, bilateral hearing loss disability, and tinnitus are pending.

The Board has granted the Veteran a 10 percent evaluation for schizoaffective disorder and found that he is unemployable due to his service-connected disabilities, including his right wrist and ulnar nerve disabilities. The TDIU claim remains pending.

The Veteran's claims for higher initial ratings on his service-connected disabilities are being remanded due to the submission of additional evidence that has not been considered by the RO.

The Board found no evidence of hemorrhoids in service and denied the claim for service connection. For eye disorder, there is no indication that it was incurred or aggravated by service. The Veteran's PTSD was not shown to be related to service.

The Veteran's service-connected hemorrhoids and anemia were evaluated as zero percent disabling. The Board found that the preponderance of evidence did not support a compensable rating for either condition.

The Veteran's diverticulosis post hemorrhoidectomy has been essentially asymptomatic, with occasional mild constipation. The Board finds no basis for a compensable rating under the applicable VA rating criteria.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine and hemorrhoids are currently rated at 10 percent each. The Board finds that these ratings adequately reflect the severity of her disabilities.

The Veteran's postoperative residuals of hemorrhoids have been rated at 10 percent, but the Board found no evidence of persistent bleeding or anemia to warrant a higher rating.

The Veteran's mild external hemorrhoids are not related to his active service. The Board found no evidence of treatment for hemorrhoids or rectal dysfunction during service and noted that the first indication of such conditions was nearly two decades after service separation.