Citation Nr: 18157713
Decision Date: 12/13/18	Archive Date: 12/13/18

DOCKET NO. 13-36 348
DATE:	December 13, 2018
REMANDED
Entitlement to an initial compensable rating for residuals of umbilical hernia and diastasis recti surgery is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 2008 to January 2012.  This matter was most recently before the Board in September 2017, and the issue was remanded for additional development.  For the reasons that follow, another remand is needed before the Board can adjudicate the claim.
Entitlement to an initial compensable rating for residuals of umbilical hernia and diastasis recti surgery is remanded.
In its September 2017 remand, the Board directed that the increased rating claim be referred to the VA Compensation Service Director for consideration of an extraschedular evaluation.  This action was never undertaken.  As such, remand is needed for referral of this issue pursuant to 38 C.F.R. § 3.321 (b)(1).
The Veteran’s record also does not include a Supplemental Statement of the Case (SSOC) reflecting consideration of medical evidence submitted since the December 2013 Statement of the Case, which includes the July 2018 VA examination evaluating the disability on appeal.  As this medical evidence was developed pursuant to the prior Board remand, an SSOC must be issued.  38 C.F.R. § 19.31.
 The matters are REMANDED for the following action:
1. Refer the issue of entitlement to an increased disability rating for residuals of umbilical hernia surgery and diastasis recti surgery to the VA Under Secretary for Benefits or the Director, Compensation Service, for consideration of an extraschedular evaluation.  
2. After conducting any other development deemed necessary, readjudicate the Veteran’s claim.  If any benefits sought remain denied, issue an appropriate Supplemental Statement of the Case (SSOC) and provide the Veteran and his representative an opportunity to respond.  The case should then be returned to the Board, if otherwise in order, for further appellate review.
 
M. E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jack S. Komperda, Counsel