Citation Nr: 21028572 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 16-05 509 DATE: May 11, 2021 ORDER From July 9, 2015, to October 8, 2020, a compensable rating for hemorrhoids is denied. Since October 28, 2020, an increased 20 percent for hemorrhoids is granted. FINDINGS OF FACT 1. From July 9, 2015, to October 8, 2020, the Veteran's hemorrhoids were mild to moderate, and were not large or thrombotic, irreducible, with excessive redundant tissue, evidencing frequent recurrences; did not result in persistent bleeding with secondary anemia; and did not evidence fissures. 2. Since October 8, 2020, the Veteran's hemorrhoids have manifested with fissures. CONCLUSIONS OF LAW 1. Prior to October 28, 2020, the criteria for a compensable rating for hemorrhoids have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.114, Diagnostic Code 7336. 2. Since October 28, 2020, the criteria for a 20 percent rating for hemorrhoids have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.114, DC 7336. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Marine Corps from October 1982 to June 1985. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. This case was previously before the Board in June 2020, when it was remanded to the agency of original jurisdiction (AOJ) for additional development. After taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board. 1. From July 9, 2015, to October 8, 2020, a compensable rating for hemorrhoids is denied. 2. Since October 28, 2020, an increased 20 percent for hemorrhoids is granted. The Veteran seeks an initial compensable rating for his service-connected hemorrhoids. He contends that he has had issues with hemorrhoids since service and has described persistent rectal burning and occasional rectal bleeding. Disability evaluations are determined by the application of a schedule of ratings, which is in turn based on the average impairment of earning capacity caused by a given disability. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Separate diagnostic codes identify the evaluations to be assigned to various disabilities. If there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. It is the defined and consistently applied policy of VA to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability, such doubt will be resolved in favor of the claimant. 38 C.F.R. § 4.3. If different disability ratings are warranted for different periods of time over the life of a claim, "staged" ratings may be assigned. Hart v. Mansfield, 21 Vet. App. 505 (2007); Fenderson v. West, 12 Vet. App. 119, 125-26 (1999). Hemorrhoids are evaluated pursuant to the criteria found at C.F.R. § 4.114, Diagnostic Code 7336. Under this Code, internal or external hemorrhoids warrant a noncompensable rating if symptoms are mild or moderate. A 10 percent rating is warranted if hemorrhoids are large or thrombotic, irreducible, with excessive redundant tissue, evidencing frequent recurrences. A 20 percent rating, the highest available rating for hemorrhoids, is warranted if there is persistent bleeding with secondary anemia, or with fissures. The Veteran's medical records during the appellate period reflect that he was diagnosed with hemorrhoids. See December 2015 VA examination. During an October 2020 VA examination, the examiner noted the Veteran's diagnosis of hemorrhoids. The examiner found the Veteran's hemorrhoids condition was mild or moderate with recurrent pain and bleeding. Additionally, it was noted that there were multiple anal fissures causing pain with minimal bleeding. The date of diagnosis of fissures was October 28, 2020. Prior to October 28, 2020, there was no evidence of fissures, nor was there evidence that the Veteran's hemorrhoids were large or thrombotic, irreducible, with excessive redundant tissue, nor was there evidence of persistent bleeding with secondary anemia. While he had frequent episodes, the remaining symptoms listed were not shown in the treatment records or on VA examination conducted in December 2015. (Continued on the next page) After review of the evidence, the Board finds that an increased 20 percent evaluation is warranted since October 28, 2020, when fissures were first diagnosed. The Board finds no other symptoms unaccounted for by this higher 20 percent rating. R. Erdheim Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Joseph T. Leonard, Associate 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.