Hemorrhoids decisions — 2017

The Board has dismissed the Veteran's claim for bilateral hearing loss. The claim for service connection for residuals of a traumatic brain injury is granted, but the claim for obstructive sleep apnea and hemorrhoids are denied.

The Veteran's claim for a compensable rating for hemorrhoids prior to July 20, 2016 was denied as his symptoms did not meet the criteria for a higher rating. From July 20, 2016, he received the maximum schedular rating of 20 percent.

The Veteran is seeking to establish service connection for a colon disorder and hemorrhoids, which he claims are residuals of an appendectomy in service. The Board has determined that there has not been substantial compliance with the previous remand directives and additional development is necessary.

The Board has granted an initial 20 percent rating for the Veteran's service-connected hemorrhoid disability, effective October 26, 2001. The Veteran is not entitled to a TDIU due to his service-connected hemorrhoid disability.

The Veteran's tinnitus is found to be incurred in service due to noise exposure. The claim for a compensable rating for hemorrhoids remains pending.

The Board has granted a compensable rating of 30 percent for the Veteran's hemorrhoids, effective from the date of the decision. The Veteran's service connection claims for diverticulosis, gout, and left lung mass are denied as not supported by the evidence.

The Veteran's service-connected disabilities do not meet the percentage standards for a TDIU under 38 C.F.R. § 4.16(a). However, given his vocational opinion and testimony indicating he is unable to secure or follow substantially gainful employment due to his service-connected disabilities, the Board has determined that extraschedular consideration may be warranted.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected hemorrhoids. The case will be returned to the Board after further development.

The Veteran's appeals for increased disability ratings for hemorrhoids and plantar fasciitis and metatarsalgia (previously rated as left big toe tendonitis) have been withdrawn. The appeal for service connection for Crohn's disease is remanded.

The Board has granted service connection for obstructive sleep apnea, finding it at least as likely as not that the condition began during active duty service. The Veteran's other claims have been denied.

The Veteran's hemorrhoids and arthritis of the left knee are found to be service-connected.

The Board denied service connection for hemorrhoids and granted a noncompensable rating for right wrist DJD prior to July 18, 2013. The Board also granted a 10 percent rating thereafter. The appellant's right wrist DJD is currently rated as the maximum available under VA regulations.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment consistent with his level of education and occupational experience.

The Board has denied the Veteran's claims of service connection for various conditions, including bilateral hearing loss, tinnitus, colon cancer, an eye disability (presumably a pre-existing condition), hemorrhoids, non-allergic rhinitis, and knee disabilities. The Board also found that there is no evidence to support the Veteran's claim of service connection for right leg varicose veins, chronic venous embolism, or deep vein thrombosis. Service connection has been granted for non-allergic rhinitis due to a service-connected deviated septum.

The Veteran's appeal is being remanded for further evaluation due to the worsening of his hemorrhoids and anal fissure. The Board will provide a new VA examination to determine the current severity of these conditions.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment since March 8, 2014. The Board finds that the evidence is approximately evenly balanced as to whether his service-connected conditions render him unable to secure and follow a substantially gainful occupation.

The Veteran has withdrawn his appeals on all issues, including the rating for hemorrhoids and service connection claims related to in-service herbicide exposure.

The Veteran's degenerative lumbar disc disease, headache disorder, and hemorrhoids are found to have had their onset during service. Service connection is granted for these conditions.

The Board denied an initial disability rating in excess of 10 percent for hemorrhoids, finding that the current rating adequately reflects the severity of the Veteran's condition.

The Veteran's appeal is being remanded for a Board hearing before a Veterans Law Judge sitting at the RO. The issues include increased ratings for spondylolisthesis L5-S1 with left sciatica and hypertension, service connection for acid reflux, depression, and a skin rash, and an earlier effective date for total disability rating based on individual unemployability and Dependents' Educational Assistance under 38 U.S.C.A. Chapter 35.