The Veteran's appeal is remanded for a new VA anal/rectal examination to determine the severity of his service-connected hemorrhoids and whether they cause marked interference with employment or necessitate frequent hospitalization. If so, the case should be sent to the Director of C&P for consideration of an extraschedular evaluation.
The deciding factor: The Court found fault with the Board's determination that a remand for a referral to the Director of VA's Compensation and Pension Service (C&P) for extraschedular consideration was not warranted, as some medical evidence indicated the Veteran had difficulty sitting which could impact his ability to work.
- Claimed conditions
- hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2010
- Citation
- 1013418
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1013418.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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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