Citation Nr: 21031922
Decision Date: 05/25/21	Archive Date: 05/25/21

DOCKET NO. 16-39 660
DATE: May 25, 2021

REMANDED

Entitlement to an initial compensable rating for hemorrhoids is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1985 to September 1989 and from January 1991 to March 1995.

In May 2019, the Board of Veterans' Appeals (Board) denied a compensable evaluation for hemorrhoids.  The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court).  The Court issued a Memorandum Decision in October 2020.  The Veteran and her attorney did not appeal any other issue adjudicated in the Board's May 2019 decision.

1. Entitlement to an initial compensable rating for hemorrhoids is remanded.

In the October 2020 Memorandum Decision, the Court found that a new examination was needed as the Veteran underwent a VA examination nearly 5 years before the Board issued the decision on appeal.  The Court also noted that the Veteran alleged a worsening of her hemorrhoids condition in May 2017 when she described rectal bleeding and difficulty with bowel movements and with sitting and or standing for long periods of time.  For these reasons, a remand is needed so that the Veteran can be provided an examination.

The matter is REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected hemorrhoids.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  

2. Readjudicate the Veteran's claim, with application of all appropriate laws, regulations, and case law, and consideration of any additional information obtained as a result of this remand.  If the decision remains adverse to the Veteran, she and her attorney should be furnished a supplemental statement of the case and afforded an appropriate period of time within which to respond thereto.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Tahirih S. Samadani, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.