Hemorrhoids decisions — 2013

The Veteran's case is being remanded for a Travel Board hearing. The issues of whether new and material evidence has been received to reopen his claim for service connection for residuals of coccidioidomycosis, entitlement to an increased rating for lumbosacral strain, and entitlement to an increased rating for prolapsed intestinal cord status postoperative hemorrhoidectomy are pending.

The Veteran's service-connected disabilities, including chronic low back pain and neuritis of the left sciatic nerve, have prevented him from obtaining or retaining gainful employment.

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim or factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Board has ordered a remand for further development, including obtaining additional VA treatment records and providing opinions regarding the Veteran's service-connected disabilities and their impact on his employability. The case will also be referred to VA's Director of Compensation and Pension for consideration of entitlement to a TDIU under 38 C.F.R. § 4.16(b).

The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment prior to October 5, 2010.

The Veteran's service connection claim for hemorrhoids is granted. The claim for a gastrointestinal disability other than hemorrhoids is denied.

The Veteran's appeal for service connection for a bilateral ankle disorder, to include Achilles tendonitis, has been withdrawn. The remaining issues of entitlement to increased ratings for chronic sinusitis and hemorrhoids, as well as TDIU, are addressed in the REMAND portion of this decision.

The Veteran's disabilities do not render him so helpless as to require the regular aid and attendance of another person, thus he does not meet the criteria for special monthly pension based on need for regular aid and attendance.

The Veteran's appeal for special monthly compensation based on the need for regular aid and attendance was denied as he did not meet the criteria of being permanently bedridden or needing regular aid and attendance due to his service-connected disabilities.

The Veteran's post-operative residuals of hemorrhoidectomies with anal stricture are currently rated at 30 percent, and his contact dermatitis is currently rated as noncompensable. The Board finds that a higher rating for the post-operative residuals is warranted.

The Veteran's claim for a higher rating for voiding dysfunction, as a residual of adenocarcinoma of the prostate, is denied. The RO has granted a 40 percent rating for this disability.

The Board has granted service connection for a shrapnel wound scar of the scrotum and denied service connection for bilateral shoulder disorder and hemorrhoids. The decision is based on the Veteran's in-service injury, with reasonable doubt resolved in his favor.

The Veteran's service-connected COPD, defective hearing, tinnitus, neurodermatitis, and hemorrhoids combine to a 90 percent rating. The weight of the competent and probative evidence indicates that these conditions preclude him from securing or following substantially gainful employment.

The Board has determined that the Veteran does not have current diagnoses for bilateral arm muscle strain, eye problems (proptosis), hemorrhoids, dermatitis (PFB shaving problems), or residuals of a second-degree burn on the right hand. Therefore, service connection is denied.

The Veteran's appeal for service connection on the issues of right shoulder, right knee, left knee, bilateral eye disorder, right ear hearing loss, and sinusitis has been withdrawn.

The Veteran's appeal was denied for increased ratings and service connection claims. The gunshot wound residuals of the right shoulder with involvement of Muscle Group III are currently rated at 30 percent, while the other conditions have been addressed.

The Board has decided that additional development is needed due to the Veteran's failure to appear at a scheduled hearing and the possibility of an undelivered letter. The case will be returned for further action.

The Board found that the Veteran's pre-existing hemorrhoid condition did not worsen during service beyond its natural progression, and thus denied his claim for service connection.

The Board has reopened the Veteran's claims for service connection for memory loss, PTSD, hemorrhoids, bilateral knee condition, headache disorder, bilateral hearing loss, and tinnitus. However, these claims have been denied as there is no evidence of a nexus between any current disabilities and service.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA treatment records and scheduling a VA examination to assess the etiology of his hemorrhoids. The initial noncompensable rating assigned for his service-connected right hand disorder must also be addressed.