Hemorrhoids decisions — 2017

The Board has granted service connection for a right shoulder disorder, left wrist ganglion cyst, hemorrhoids, and bilateral plantar fasciitis. The issues of entitlement to service connection for a bilateral elbow disorder, a left hip disorder, and a gastrointestinal disorder are remanded.

The Veteran's claim for a rating in excess of 20 percent for hemorrhoids has been denied as the maximum schedular evaluation is already assigned.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation consistent with his education and occupational experiences.

The Veteran's claims for increased ratings for service-connected hemorrhoids and left ear hearing loss were denied as there was no evidence of the severity required for a compensable rating.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and he is unable to secure or follow substantially gainful employment due to his mental health conditions and physical disabilities.

The Board denied the Veteran's claims for initial compensable ratings for external hemorrhoids and right knee chondromalacia, finding that his conditions did not meet the criteria for a higher rating under VA regulations. The claim for an increased rating for cherry hemangioma of the right upper back and eczematous dermatitis of the sole of the right and left foot is stayed pending resolution of a related case in court.

The Veteran's service-connected hemorrhoids are rated as noncompensably disabling (0 percent) due to the mild nature of his condition, which does not meet the criteria for a 10 percent rating.,The Veteran's residuals of a fractured second metatarsal on the right foot are currently rated at 10 percent. The Board finds that this is the maximum schedular evaluation available and denies any higher rating.

The Veteran's claim for reimbursement of private medical expenses incurred on October 6, 2015 was denied as the condition did not qualify as a medical emergency and therefore does not meet the criteria for reimbursement under VA regulations.

The Veteran's appeal is being remanded due to deficiencies in the Board's analysis and need for additional examinations.

The Veteran's appeal is being remanded for additional development and consideration of his claims, including the submission of new evidence.

The Veteran's appeal for a higher rating for his service-connected hemorrhoids has been denied as the current evaluation of 20 percent is considered the highest available under the applicable VA Rating Schedule.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, scheduling a VA examination to assess the severity of his hemorrhoids and current back disability, and readjudicating the issues on appeal.

The Veteran's service-connected disabilities have not prevented him from maintaining full-time employment during the entire appeal period.

The Veteran has effectively lost use of his lower extremities due to service-connected Parkinson's disease, and is therefore eligible for specially adapted housing. The claims for service connection for diverticulitis and an earlier effective date for Parkinson's disease have been withdrawn by the Veteran.

The Veteran's claim for an effective date earlier than February 4, 2010 for the grant of service connection for spinal stenosis/spondylosis has been granted. The rating assigned is 40 percent.

The Veteran's claim for a TDIU rating, for purposes of accrued benefits, was denied as the evidence did not show he was unemployable due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for Crohn's disease and an initial compensable evaluation for hemorrhoids, finding that there was no evidence of a chronic condition during service or post-service medical records showing onset within one year after service. The expert opinion provided by the VA gastroenterologist did not support the claim.

The Board has determined that the Veteran's claimed hemorrhoids and right foot disability did not begin in service or are otherwise related to service. As such, the claims for these conditions have been denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the claims for service connection for hemorrhoids and gastrointestinal disabilities.

The Board has determined that the Veteran's hemorrhoid disability, which includes impairment of rectal sphincter control, causes him to be unable to work since March 14, 2012. The evidence received since the last final denial relates to unestablished facts necessary to substantiate his claims for service connection for gout and sleep apnea. Gout is considered incurred in active service.