Citation Nr: 21021093 Decision Date: 04/09/21 Archive Date: 04/09/21 DOCKET NO. 15-35 643 DATE: April 9, 2021 ORDER Entitlement to service connection for hemorrhoids is denied. Entitlement to service connection for anal fissures is denied. FINDINGS OF FACT 1. The Veteran does not have a current hemorrhoid disability, and has not been shown to have hemorrhoids during the appeal period or within close proximity thereto. 2. The Veteran does not have a current anal fissure disability, and has not been shown to have anal fissures during the appeal period or within close proximity thereto. CONCLUSIONS OF LAW 1. A current hemorrhoids disability was not incurred in and not related to active service. 38 U.S.C. §§ 1110 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303 (2019). 2. A current anal fissures disability was not incurred in and not related to active service. 38 U.S.C. §§ 1110 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303 (2019). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served active duty in the United States Air Force from February 1967 to November 1987. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2012 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the case for further development in July 2019 and July 2020. That development was completed, and the case has since been returned to the Board for appellate review. Neither the Veteran nor her representative has raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). SERVICE CONNECTION Service connection may be established for disability resulting from personal injury suffered or disease contracted in line of duty in the active military, naval, or air service. 38 U.S.C. §§ 1110, 1131. That an injury or disease occurred in service is not enough; there must be chronic disability resulting from that injury or disease. If there is no showing of a resulting chronic condition during service, then a showing of continuity of symptomatology after service is required to support a finding of chronicity. 38 C.F.R. § 3.303(b). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Entitlement to service connection for hemorrhoids is denied. Entitlement to service connection for anal fissures is denied. The Veteran has filed claims for service connection for hemorrhoids and anal fissures. Initially, the Board notes that the Veteran does not have a current diagnosis for the disorders. Periodic service examinations reveal the Veteran anus and rectum were normal upon examination. See March 1972, March 1978, March 1980, April 1982, July 1986 report of medical examinations. A March 1972 examination noted external hemorrhoidal tags. A March 1975 service treatment record shows a chronic hemorrhoid disorder and anal fissures. Additionally, 1975 service treatment records indicate the Veteran underwent a hemorrhoidectomy and excision of skin tags due to anal fissures. An August 1987 separation examination noted the Veteran’s anus and rectum were normal. Moreover, the Veteran denied rectal disease in his separation report of medical history. VA treatment records are silent for any treatment for hemorrhoids or anal fissures during the appeal period. However, they note the Veteran had a hemorrhoidectomy in 1975. See March 1999 VA treatment record. See also April 2014 record that notes the history of a hemorrhoidectomy but denies the Veteran has hematochezia. An April 2014 record indicates that small internal hemorrhoids were found during a colonoscopy. See also August 2015 and May 2019 VA treatment records that note the April 2014 treatment record. During a September 2012 VA examination, the Veteran was not found to have hemorrhoids or anal fissures. The examiner noted the Veteran had been treated for such in service. However, he did not have a recurrence in service or thereafter. She indicated that the separation examination was normal and that his treatment records were negative for hemorrhoids or anal fissures. Therefore, he did not have chronicity in symptoms. On the day of the examination, the Veteran was not found to have hemorrhoids, anal fissures, or other abnormalities; and the Veteran did not have any complaints or symptoms of such. In a January 2019 VA examination, consistent with the one conducted in September 2012, the examiner noted the Veteran’s history of hemorrhoids in service but noted that he did not have the condition on the date of the examination. Rather, the Veteran reported that for the past two months he noticed pain when sitting on his tail bone. He described the pain as constant, aching, and more pronounced when he is sitting or lying on his back. While he acknowledged having constipation at times, he denied having rectal pain, rectal bleeding, seeing blood in the toilet or on toilet paper, pain with bowel movements, or pain and rectal bleeding when he is constipated. The evaluation was normal and there were no pertinent findings, including external hemorrhoids, anal fissures, or other abnormalities. The examiner opined that it is less likely than not the condition was incurred in or caused by the claimed in-service injury event or illness. While he noted that service treatment records show treatment of hemorrhoids and anal fissures in service, the Veteran underwent a hemorrhoidectomy and excision of skin tags that completely resolved with no recurrence, including flare-ups since service. Thus, he found there was no evidence in the record to show chronicity or evidence of hemorrhoids. He attributed the pain the Veteran was experiencing to the tail bone and not his rectum area. Consistent with findings during previous examinations, a December 2019 VA examiner also noted that the Veteran experienced hemorrhoids and anal fissures in service. However, they resolved with no recurrence after he underwent a hemorrhoidectomy. On the day of the examination, the Veteran reported issues with constipation but denied hemorrhoidal flares or rectal fissure. Also, there were no findings, signs, or symptoms of hemorrhoids or anal fissures. In the opinion, the examiner essentially restated the opinion of the January 2019 VA examiner and found the conditions were less likely than not incurred in or related to the Veteran’s military service. She agreed with the January 2019 assessment and noted that there is no evidence of recurrence of hemorrhoids or anal fissures present upon examination. Therefore, the conditions were resolved in service after the hemorrhoidectomy. Following remand, another medical opinion was obtained in August 2020. The examiner found there is no evidence of record to show the Veteran had hemorrhoids or anal issues during the appeal period. She noted the Veteran’s in-service history of hemorrhoids and anal fissures but noted there is no evidence of recurrence or chronicity since that time. Indeed, she indicated that testing and findings since that time have been normal. Additionally, she referenced the August 2014 colonoscopy report that showed the Veteran had internal hemorrhoids. However, she stated that internal hemorrhoids are a normal finding during a routine colonoscopy and that they were a part of the normal anatomy. Therefore, he was not found to have a hemorrhoidal condition or anal fissures. After a review of all the evidence of record, the Board finds that service connection for hemorrhoids and anal fissures is not warranted. The Board notes that the existence of a current disability is the cornerstone of a claim for VA disability compensation. 38 U.S.C. §§ 1110, 1131; see Degmetich v. Brown, 104 F.3d 1328, 1332 (1997) (holding that interpretation of sections 1110 and 1131 of the statute as requiring the existence of a present disability for VA compensation purposes cannot be considered arbitrary). Evidence must show that the Veteran currently has a disability for which benefits are claimed. In this case, where the evidence shows no current disability upon which to predicate a grant of service connection, at any time during the claim period, there can be no valid claim for that benefit. See Brammer at 225; Rabideau, 2 Vet. App. 141, 143-44 (1992). See also McClain v. Nicholson, 21 Vet. App. 319 (2007); Romanowsky v. Shinseki, 26 Vet. App. 289 (2013). All of the VA examiners opined that the Veteran did not have a hemorrhoidal condition or anal fissures, and he has not been diagnosed with hemorrhoids or anal fissures during the appeal period. Moreover, they opined that the Veteran’s claimed disorders were less likely than not incurred in or caused by service. They noted the Veteran did have a hemorrhoidal episode as well as anal fissures in service. However, the evidence of record shows that the problems were resolved in service with a hemorrhoidectomy and there has been no recurrence since that time. Additionally, during the examination, the Veteran reported that he was not having hemorrhoidal issues. Moreover, the January 2019 VA examiner noted that the Veteran reported that for the past two months he noticed pain sitting on his tail bone. He described the pain as constant, aching, and more pronounced when he is sitting or lying on his back. Additionally, while he reported having constipation at times, he denied having rectal pain, rectal bleeding, seeing blood in the toilet or on toilet paper, pain with bowel movements, or pain and rectal bleeding when he is constipated. For these reasons, the Board finds that a preponderance of the evidence is against the Veteran’s claims for service connection for hemorrhoids and anal fissures, and the claims must be denied. As the preponderance of the evidence is against the claims, the benefit of the doubt doctrine is not for application. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.M. Walker 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.