Hemorrhoids decisions — 2010

The Veteran's service-connected and nonservice-connected disabilities prevent him from successfully achieving his chosen vocational goal of pursuing a master's degree in social work. The VR&E Division found that he did not maintain satisfactory conduct and cooperation in developing and implementing the program, and mitigating circumstances beyond his control are not demonstrated.

The Veteran's claim for service connection for the residuals of hemorrhoidectomy was reopened due to new and material evidence. However, his request for an earlier effective date for tinea pedis with onychomycosis remains denied.,Service connection has been established for tinea pedis with onychomycosis, but the RO found that no effective date prior to May 19, 2000 is warranted.

The Veteran's claim for TDIU is being remanded due to the need for a medical opinion regarding his ability to work due to service-connected disabilities.

The Veteran's claims for PTSD, diabetes mellitus, type II, and hemorrhoids were denied as there is no evidence of these conditions in service or within the presumptive period following service. The Board found that the Veteran did not have a current diagnosis of PTSD, and there was no evidence of diabetes or hemorrhoids during service.

The Veteran withdrew his appeals for increased ratings and service connection. The claims for prostate cancer as secondary to prostatitis were also withdrawn, but the Veteran's assertions regarding potential VA negligence in failing to diagnose or treat prostate cancer did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal is being remanded due to the need for a current VA examination of his hemorrhoid disability.

The Veteran's residuals of a hemorrhoidectomy have been rated at 10 percent since November 21, 1997. The Board has determined that the current rating is appropriate prior to September 5, 2007.

The Veteran's service-connected heart condition effectively prevents him from ambulating without the aid of a wheelchair, which constitutes loss of use of both feet. Therefore, he is entitled to financial assistance in purchasing an automobile or adaptive equipment.

The Veteran's claim for an effective date prior to March 31, 1997 for a grant of total disability rating due to individual unemployability (TDIU) is dismissed as the initial rating decision has become final and no request for revision based on clear and unmistakable error (CUE) was made.

The Veteran's left testicle hematoma resulting in orchiectomy was caused by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. The Board finds that the Veteran is entitled to compensation under 38 U.S.C. § 1151 for this condition.

The Board has determined that the Veteran's service-connected migraines and hemorrhoids do not warrant a compensable disability rating under VA's schedular criteria. The claims are therefore denied.

The Board denied service connection for a bilateral knee disability, skin disorder of the feet, PTSD, and internal bleeding or hemorrhoids due to lack of evidence linking these conditions to service.

The Veteran's appeal is remanded due to the need for additional development, including obtaining recent VA treatment records and scheduling a VA medical examination.

The Board denied the Veteran's claims for increased ratings for her cervical spine disability and varicose veins of the left popliteal area, as well as her claim for service connection for irritable bowel syndrome (IBS). The Veteran was granted service connection for hemorroids but found no evidence to support a current diagnosis. Her TDIU claim is referred to the RO.

The Veteran's PTSD was granted a temporary total rating from November 20, 2007 until January 1, 2008. The RO increased the evaluation for PTSD to 70 percent effective January 1, 2008. A compensable rating of 20 percent for bilateral hearing loss is granted as of January 31, 2007. No new and material evidence was presented to reopen a claim for postoperative residuals of internal and external hemorrhoids and anal skin tags.

The Board denied the Veteran's claims for service connection for diabetes mellitus as secondary to IBS, renal failure as secondary to diabetes mellitus, and liver disorder as secondary to IBS. The claim for a higher rating than 30 percent for IBS was also denied.

The Veteran's claims for service connection for various conditions, including hemorrhoids, low back disorder, GERD, pancreatitis, biliary disease, and proctitis were denied. The Board found that the evidence did not establish an in-service etiology or link to a service-connected disability.

The Board dismissed the Veteran's claims due to his death, and no jurisdiction remains for further action.

The Veteran's low back disorder is rated at 40 percent prior to September 29, 2008 and 40 percent thereafter. The right lumbar radiculopathy is rated at 20 percent. PTSD is rated at 30 percent prior to August 14, 2007.,The Veteran's hemorrhoids are not compensable.

The Board dismissed the Veteran's appeal because his substantive appeal was not timely filed within one year of the August 2006 rating decision.