BVA9500016 DOCKET NO. 93-08 826 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Entitlement to an increased rating for service-connected hemorrhoidectomy with anal fissure, currently rated as 20 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD A. S. Nemeth, Associate Counsel INTRODUCTION The veteran's active service extended from July 1944 to June 1946. This matter comes before the Board of Veterans' Appeals (Board) on appeal from the November 1992 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi, which denied an increased rating for the service-connected residuals of a hemorrhoidectomy with anal fissure, currently rated as 20 percent disabling. The current rating has been in effect since November 1985. REMAND The veteran claims that he should be granted an increased rating due to fecal incontinence related to his service-connected disability. The claims file presents a long history of the veteran's complaints of leakage and fecal incontinence. In a January 1993 VA examination, the examining physician diagnosed an external hemorrhoid and decreased rectal sphincter tone secondary to hemorrhoidectomy with resultant fecal incontinence. Although this diagnosis provided an objective finding regarding fecal incontinence, it did not provide adequate information for ratings purposes. Therefore, the RO should afford the veteran an examination by a VA physician specializing in disorders of the anus and rectum. In view of the foregoing, it is the opinion of the Board that this case should be remanded to the RO for the following development: 1. The veteran should be given an examination by a VA physician specializing in ano-rectal disorders. A copy of this remand and the claims folder must be made available to and be reviewed by the examiner prior to the examination. The report of the examination should include a detailed account of all manifestations of the residuals of a hemorrhoidectomy with anal fissure found to be present. The specialist should specifically examine the veteran for decreased rectal sphincter tone. The physician should discuss the disorder with the veteran and determine the frequency and extent of the involuntary bowel movements. All necessary tests should be conducted. The examiner should review the results of any testing prior to the completion of the report and should provide complete rationale for all conclusions reached. The physician should review all medical records on file and specifically render an opinion on the following: A. Is the veteran's sphincter tone consistent with occasional involuntary bowel movements? B. Is the veteran's sphincter tone consistent with fairly frequent involuntary bowel movements? C. Is the veteran's sphincter tone consistent with constant slight, or occasional moderate leakage? D. Is the veteran's sphincter tone consistent with extensive leakage? E. Would it be advisable for the veteran to wear a pad due to leakage and/or involuntary bowel movements? 3. The RO should review the examination report and determine if it is adequate for rating purposes and in compliance with this Remand. If not, the report should be returned for corrective action. Following completion of these actions, the RO should review the veteran's claim. If the decision remains unfavorable, the veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable period of time in which to respond. Thereafter, the case, in accordance with the current appellate procedures, should be returned to the Board for completion of appellate review. No further action on the part of the veteran is required until further notice. JAN DONSBACH Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 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. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1993).