BVA9500292 DOCKET NO. 93-06 962 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUE Entitlement to service connection for hemorrhoids. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant INTRODUCTION The veteran had active service from December 1967 to July 1976. This appeal arose from an August 1992 rating decision of the Louisville, Kentucky, Department of Veterans Affairs (VA) regional office (RO). CONTENTIONS OF APPELLANT ON APPEAL It is argued that the pre-existing hemorrhoid condition was aggravated in service. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file(s). Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the preponderance of the evidence supports service connection for post-operative hemorrhoids. FINDINGS OF FACT 1. The pre-existing hemorrhoid condition thrombosed in service, requiring hemorrhoidectomy. 2. There was increase in severity of the hemorrhoid condition in service which was not due to the natural progress of the condition. CONCLUSION OF LAW The hemorrhoid condition was aggravated by service. 38 U.S.C.A. §§ 1153, 5107 (West 1991); 38 C.F.R. § 3.306(b) (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION We find that all necessary development of this well grounded claim has been accomplished. The evidence shows that on an August 1967 examination prior to entry into service, mild piles (hemorrhoids) were shown. The veteran indicated that he had, or had been advised to have, surgery for piles. In December 1967, seven days after he entered the service, he reported that he had had hemorrhoids for a year. A suppository was inserted. He developed acute thrombosis, and surgery was recommended. Four days later, he underwent a hemorrhoidectomy. At that time, he reportedly had a one week history of thrombosed hemorrhoids. Postoperatively, he reported pain and slight rectal bleeding. The assessment was that the surgery residuals were healing. When he was examined for separation from service, it was noted that he had undergone removal of external hemorrhoid thrombosis in service. The post service evidence includes recent VA outpatient treatment records which reflect history of hemorrhoids. At a hearing before the RO in 1992, the veteran testified under oath that he not had hemorrhoidal bleeding before he went into the service; and that before service, he had just treated the hemorrhoids with over-the-counter medication to shrink them. VA shall grant service connection for aggravation of a pre- existing injury suffered or disease contracted in active service. 38 U.S.C.A. §§ 1110, 1131. A pre-existing injury or disease will be considered to have been aggravated by active service where there is an increase in disability during service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. 38 U.S.C.A. § 1153. The usual effects of medical and surgical treatment in service, having the effect of ameliorating disease or other conditions incurred before enlistment, will not be considered service connected unless the disease or injury is otherwise aggravated by service. 38 C.F.R. § 3.306(b)(1). In this case, as the veteran concedes, he had a hemorrhoid condition prior to service. However, shortly after he entered the service, the hemorrhoids thrombosed, requiring an ameliorative hemorrhoidectomy. He has testified that he had not experienced problems of this nature prior to service. In the Board's opinion, the thrombosis requiring surgery represented increase in severity of the pre-existing hemorrhoids beyond the natural progress of the condition and, this being the case, service connection for post-operative hemorrhoids on the basis of aggravation is in order. ORDER Service connection for post-operative hemorrhoids is granted. NANCY I. PHILLIPS Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 State. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.