Citation Nr: 1323117 Decision Date: 07/19/13 Archive Date: 07/24/13 DOCKET NO. 11-04 923 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan THE ISSUE Entitlement to service connection for a left inguinal hernia, post-operative. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Harold A. Beach, Counsel INTRODUCTION The Veteran enlisted in the United States Navy Reserve in August 1964. He had active duty for training in April and November 1965 and in April 1967. He also had a period of active duty from September to December 1969. This matter came to the Board of Veterans' Appeals (Board) on appeal from an September 2009 rating decision by the RO. After reviewing the record, the Board finds that additional development is necessary prior to further appellate consideration. Accordingly, the appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required. REMAND The Veteran seeks entitlement to service connection for a left inguinal hernia, post-operative. The evidence currently on file shows that service connection is in effect for a right inguinal hernia, evaluated as noncompensable. Such evidence, however, is negative for any complaints or clinical findings of a left inguinal hernia prior to October 2000. At that time, the Veteran underwent laparoscopic repair of a left inguinal hernia at the Community Hospital in Indianapolis, Indiana. On several occasions from January 2004 through June 2010, the Veteran was examined by VA to determine the extent of impairment attributable to his service-connected right inguinal hernia. During the examinations in January 2004 and December 2005, the Veteran reported that had undergone surgery for a left inguinal hernia in 1969 and in 2001. In April 2006, the RO indicated that the records reflecting the Veteran's treatment for a hernia in 1969 and 1970 had been requested. However, there is no record on file of such a request, and the evidence on file is negative for any record of the 1969 surgery. In view of its proximity to service, it could well be relevant to the Veteran's appeal. Inasmuch as there may be outstanding relevant evidence is this case which could support the Veteran's claim for service connection for a left inguinal hernia, the case is remanded to the RO for the following actions: 1. Request that the Veteran identify the names and addresses of all health care providers or the names and addresses of the facilities where he received treatment for a left inguinal hernia from December 1969 through October 2000. Also, request that he identify the dates of that treatment. IN PARTICULAR, REQUEST THAT THE VETERAN PROVIDE SUCH INFORMATION WITH RESPECT TO HIS LEFT INGUINAL HERNIA SURGERY IN 1969. Then request the records of all such treatment DIRECTLY from the health care providers/facilities identified by the Veteran. A failure to respond or a negative reply to any request must be noted in writing and associated with the claims folder. If the noted health care providers/facilities are affiliated with the federal government, efforts to obtain such records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified by each federal department or agency from whom they are sought. 38 U.S.C.A. § 5103A(b) (West 2002); 38 C.F.R. § 3.159(c)(2) (2012). If the noted health care providers/facilities are not affiliated with the federal government, and if the requested records are unavailable, notify the Veteran and his representative in accordance with the provisions of 38 U.S.C.A. § 5103A(b) (West 2002); 38 C.F.R. § 3.159(e) (2012). 2. If the actions in part 1 produce additional relevant information or evidence, schedule the Veteran for an internal medicine examination to determine the nature and etiology of any left inguinal hernia found to be present. All indicated tests and studies must be performed, and any indicated consultations must be scheduled. The claims folder and a copy of this remand must be made available to the examiner for review in conjunction with the examination, and the examiner must acknowledge receipt and review of these materials in any report generated as a result of this remand. If a left inguinal hernia is diagnosed, the examiner must identify and explain the elements supporting the diagnosis. The examiner must also render an opinion as to whether it is at least as likely as not (at least a 50/50 chance) that the Veteran's left inguinal hernia was first manifested in service. The examiner must state how and why he or she reached the opinion they did. A discussion of the facts and the medical principles involved will be of considerable assistance to the Board. The Veteran is advised that it is his responsibility to report for any scheduled VA examination and to cooperate in the development of his claim. The consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. § 3.655 (2012). In the event that the Veteran does not report for a scheduled VA examination, a copy of the notice informing him of the date, time, and location of the examination must be associated with the claims file. If that notice was returned by the Post Office as undeliverable, that fact must be noted in writing and associated with the claims folder. 3. When the necessary actions requested above have been completed, undertake any other indicated development. Then readjudicate the issue of entitlement to service connection for left inguinal hernia If the benefit sought on appeal is not granted to the Veteran's satisfaction, he and his representative must be furnished a Supplemental Statement of the Case and afforded an opportunity to respond. Thereafter, if in order, the case should be returned to the Board for further appellate action. By this remand, the Board intimates no opinion as to the final disposition of any unresolved issue. The Veteran need take no action unless he is notified to do so. However, he is advised that he has the right to submit any additional evidence and/or argument on the matter the Board has remanded to the RO. Kutscherousky v. West, 12 Vet. App. 369, 372-73 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ KELLI A. KORDICH Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (2012).