Citation Nr: 18158273 Decision Date: 12/14/18 Archive Date: 12/14/18 DOCKET NO. 16-54 470 DATE: December 14, 2018 REMANDED Entitlement to an initial disability rating in excess of 20 percent from October 1, 2015 to February 10, 2017, and in excess of 10 percent thereafter, for service-connected bilateral inguinal hernias post-operative with linear and superficial scars anterior trunk s/p nerve blocks times three is remanded. REASONS FOR REMAND The Veteran served on active duty from November 2007 to September 2015. He served in the United States Marine Corps. The Board notes that the Veteran filed a claim for a temporary total disability rating for hernia surgery in January 2017. In March 2017, the RO denied the claim for entitlement to a temporary total evaluation. The Veteran did not file a notice of disagreement with the March 2017 rating decision; therefore, the issue of entitlement to a temporary total disability rating for hernia surgery is not before the Board. Entitlement to an initial disability rating in excess of 20 percent from October 1, 2015 to February 10, 2017, and in excess of 10 percent thereafter, for service-connected bilateral inguinal hernias post-operative with linear and superficial scars anterior trunk s/p nerve blocks times three Remand is required for a current examination. A new examination is appropriate when a veteran asserts that the disability in question has undergone an increase in severity since the last examination. See, e.g., Snuffer v. Gober, 10 Vet. App. 400, 402-03 (1997); VAOPGCPREC 11-95 (1995). The most recent VA examination was conducted in August 2017. The examiner noted that there were no hernias detected on either the right or left sides. There was no indication for a supporting belt. The Veteran was noted to have six scars, each measuring two centimeters by 0.2 centimeters, on the lower half anterior trunk. The examiner also noted residual of severe testicular pain resistant to nerve block injections done three times in 2016 and 2017. The Veteran also reported severe pain with ejaculation in testicles. In September 2017, the Veteran’s representative submitted an Appellant’s Brief indicating that the Veteran’s service-connected inguinal hernias post-operative with linear and superficial scars anterior trunk s/p nerve blocks times three had increased in severity and that there has been a worsening of his condition. Because the Veteran has alleged a worsening of his service-connected disability since the last VA examination in August 2017, a new VA examination is necessary. The matter is REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the electronic record all outstanding records of treatment. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the electronic record. Efforts to obtain these 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 and this should be documented for the record. Required notice must be provided to the Veteran and his representative. 2. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant medical records. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 3. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the severity of the Veteran’s service-connected inguinal hernias post-operative with linear and superficial scars anterior trunk s/p nerve blocks times three. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The relevant Disability Benefits Questionnaire must be utilized. The examiner must clearly delineate all residuals of the hernias, to include groin pain and/or testicular pain. 4. Notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claim, and that the consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655 (2018). In the event that the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P. Nguyen, Associate Counsel