Citation Nr: 21062782
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 18-36 823
DATE: October 12, 2021

ORDER

Entitlement to service connection for a neuromuscular disorder, status-post hemorrhoidectomy is granted.

FINDING OF FACT

The neuromuscular disorder is related to the in-service hemorrhoidectomy.  

CONCLUSION OF LAW

The criteria for service connection for a neuromuscular disorder have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from August 1990 to September 1991 with additional service in the Army Reserve.  

The Veteran provided testimony before the undersigned Veterans Law Judge in September 2021. 

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active duty.  38 U.S.C. § 1110; 38 C.F.R. § 3.303.  Service connection may be granted for any disease initially diagnosed after discharge, when all the evidence, including that pertinent to service, establishes the disease was incurred in service.  38 C.F.R. § 3.303(d).  

An October 2013 VA examination reveals history of intermittent and occasional leakage.  An October 2014 disability benefits questionnaire (DBQ) reveals history of gradually worsening fecal incontinence.  The DBQ reports that an anorectal manometry showed a neuromuscular dysfunction.  

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A July 2015 VA examination record reveals the Veteran's history of worsening fecal leakage that started after a June 1991 hemorrhoidectomy.  The examiner diagnosed residuals of hemorrhoidectomy and impaired rectal sphincter control with leakage.  The examiner determined the neuromuscular dysfunction was less likely than not due to or the result of or aggravated by the hemorrhoidectomy because there was no supporting evidence of persistent bowel leakage in the medical records after the hemorrhoidectomy until 2013.

After consideration of the evidence, the Board finds service connection is warranted for the neuromuscular dysfunction.  The record indicates that the Veteran has been diagnosed with neuromuscular dysfunction and the Veteran, who is trained as a nurse, has competently and credibly reported that the symptoms associated with the neuromuscular dysfunction began after the in-service hemorrhoidectomy.  Although this history is not corroborated in the service treatment records, there is no contradictory history, and the Board finds it consistent with the September 1995 claim for "complications from surgery" for hemorrhoids.  The Board acknowledges that the record includes a negative opinion from a VA examiner.  This opinion is based on the absence of corroborative histories in service, however, and resolving all doubt in favor of the Veteran, the Board finds service connection is warranted.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Snyder, counsel

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.