Citation Nr: 19162003
Decision Date: 08/13/19	Archive Date: 08/09/19

DOCKET NO. 19-08 363
DATE: August 13, 2019

REMANDED

Entitlement to a compensable disability rating for hemorrhoids is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2002 to January 2007.

This case originally came before the Board of Veterans’ Appeals (Board) on appeal from an October 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The October 2016 rating decision also continued a 10 percent rating for residuals of a left anterior cruciate ligament (ACL) repair (“left knee disability”), a noncompensable disability rating for allergic rhinitis, and a noncompensable disability rating for a lumbar strain; and denied service connection for right knee and neck disorders.  The Veteran did not include the neck and allergic rhinitis claims in his December 2016 Notice of Disagreement (NOD).

Subsequently, a February 2019 rating decision granted service connection for a right knee strain, and increased the disability rating for a lumbar strain to 10 percent.  In his NOD, the Veteran had specifically requested a 10 percent rating for his lumbar strain.  As these issues have been resolved by a full grant of benefits and the Veteran has not submitted any documents indicating that he is not satisfied with the decision, the Board finds that these issues are no longer part of the current appeal.  See 38 C.F.R. § 19.26(d).

The RO addressed the left knee and hemorrhoid claims in its February 2019 Statement of the Case (SOC).  However, the Veteran only included the hemorrhoid claim in his March 2019 VA Form 9.  As such, the left knee claim will not be addressed herein as it is not in appellate status.

The Board also notes that the Veteran raised claims for higher ratings for his right shoulder disability and allergic rhinitis in his March 2019 VA Form 9.

1. Entitlement to a compensable disability rating for hemorrhoids is remanded.

The claim for an increased rating for hemorrhoids is remanded for a new VA examination.  The Veteran was most recently provided a VA examination in January 2019, at which time he reported occasional bleeding, swelling, and pain in the rectum.  However, in his March 2019 VA Form 9, he reported daily pain and bleeding from his anus.  Given the suggestion of a possible worsening, a new examination is necessary.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); see also VAOPGCPREC 11-95 (1995), 60 Fed. Reg. 43186 (1995).

The matters are REMANDED for the following action:

1. Provide a VA examination by an appropriate medical professional to determine the current severity of the Veteran’s hemorrhoids.  The entire claims file must be provided to the examiner for review.  All necessary tests and studies should be accomplished, and all clinical findings reported in detail.

The examiner should provide an explanation for any conclusions reached.

 

2. Thereafter, readjudicate the remanded claim on appeal.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. R. Lee

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.