Hemorrhoids decisions — 2017

The Veteran's hemorrhoids were rated at a 20 percent since January 8, 2014. Prior to that date, the rating was denied as there were no symptoms of internal or external hemorrhoids warranting a compensable rating.

The Veteran meets the schedular criteria for a TDIU and her service-connected disabilities preclude her from securing or following a substantially gainful occupation.

The Veteran's left leg radiculopathy is currently rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's postoperative residuals of ventral hernia repair are currently rated at noncompensable (0%), and do not meet the criteria for a compensable rating.,Prior to January 15, 2015, the Veteran's hemorrhoids were rated as noncompensable. From that date forward, they have been rated at 20 percent.

The Board has granted service connection for right ankle tendonitis and arthritis, as well as lumbar spine degenerative arthritis and intervertebral disc syndrome, both secondary to the Veteran's service-connected bilateral knee disorders. The acquired psychiatric disorder is not found to be related to his service or any service-connected disability.

The Veteran's service-connected disabilities, including a low back disability and knee pain, met the schedular requirements for TDIU as of October 28, 1997. However, due to his other service-connected conditions, he did not meet the combined rating criteria for TDIU prior to August 31, 2004.

The Veteran's claim for bilateral hearing loss was granted. The appeal for an earlier effective date for the award of service connection for hemorrhoids was also granted and the effective date is set to April 7, 2006.

The Veteran's service-connected disabilities do not render him unemployable, as his non-service connected conditions and substance abuse impact his ability to work. The Board finds that the preponderance of evidence is against a finding that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's cause of death was due to prostate cancer, which is not service-connected. The Board finds that the Veteran's service-connected sacroiliac strain and hemorrhoids did not contribute substantially or materially to his death.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining private medical records from specific providers.

The Veteran's service-connected conditions do not meet the schedular criteria for TDIU, and her low back strain with limitation of motion does not present an exceptional disability picture that the available schedular evaluations are inadequate.

The Veteran's right ankle disability has not been manifested by ankylosis of the ankle, and his hemorrhoids have resulted in persistent bleeding and secondary anemia. The Board finds that a maximum schedular rating of 20 percent is warranted for both conditions throughout the appeal period.

The Board is remanding the case for further development, including obtaining a VA examination to address the etiology of the Veteran's vertigo and hemorrhoids, as well as considering whether there should be separate ratings for sphincter impairment.

The Veteran's claims for service connection for hemorrhoids and hypertension are being remanded due to the need for additional development, including VA examinations.

The Veteran's hemorrhoids are not rated higher than noncompensable due to the lack of significant symptoms or findings.,The Veteran's vocal cord polyps were not incurred in service and are considered not service connected.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeal is being remanded due to the failure of a scheduled hearing before a Veterans Law Judge sitting at the RO. The case will be returned for further action.

The Veteran's service-connected conditions do not combine to preclude him from securing and following a substantially gainful occupation.

The Veteran's overpayment of $6,852.00 was created due to his failure to notify VA of the death of his wife S.S.L., resulting in an overpayment for her additional benefits. The Board found that the Veteran had fault and contributed to the creation of the debt, but also noted that recovery would not violate equity and good conscience as it did not deprive him or his family of basic necessities.

The Veteran's external hemorrhoids are rated at 20 percent, the highest available rating under Diagnostic Code 7336. His diabetes mellitus is also rated at 20 percent due to insulin and restricted diet requirements.