The Board concluded that the July 1987 rating decision was not clearly and unmistakably erroneous in its failure to grant a compensable rating for hemorrhoids and in not considering Crohn's disease/colitis, as no formal or informal claim for service connection was ever filed concerning that disability at the time of the July 1987 decision.
The deciding factor: The RO did not commit an undebatable error which would have provided a manifestly different result. The evidence and applicable laws and regulations supported the decision to deny a compensable rating for hemorrhoids, and there was no formal or informal claim for service connection for Crohn's disease/colitis at that time.
- Claimed conditions
- hemorrhoids, Crohn's disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2009
- Citation
- 0902787
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for hemorrhoids due to a pre-decisional duty to assist error, requiring an additional direct medical opinion.
- Granted
The Board granted a 10 percent rating for hemorrhoids, which fully satisfies the Veteran's appeal.
- Denied
The Board denied service connection for vertigo, incontinence, and GERD due to the lack of evidence supporting current diagnoses. The claims for hematuria and hemorrhoids were remanded for further development.
- Denied
The Board denied service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
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