Citation Nr: 18159656
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 15-41 208
DATE:	December 19, 2018
REMANDED
Entitlement to a compensable rating for residuals, postoperative umbilical hernia with residual surgical scar, is remanded.
REASONS FOR REMAND
The Veteran had active military service from March 1986 to May 1990.  In December 2018, the Veteran appeared and provided testimony at a hearing before the undersigned Veterans Law Judge (VLJ).     
Here, the Veteran has claimed that the symptoms of his service-connected residuals of a postoperative umbilical hernia are more severe than indicated by his current noncompensable evaluation.  Specifically, he testified before the Board in December 2018 that the hernia had increased in size and could not be contained or supported by a belt.  He also asserted that surgery could not be performed due to his weight and his stomach lining being too thin.  The Board notes that the VA’s “duty to assist” requires a “thorough and contemporaneous medical examination” that is sufficient to ascertain the current level of disability.  Floyd v. Brown, 9 Vet. App. 88, 93 (1996).  This should be done.  
In addition, updated VA treatment records should be obtained, as they were last associated with the claims file in April 2016, and the Veteran has indicated that he has continued to receive VA medical treatment for this condition.
The matter is REMANDED for the following action:
1. Obtain VA treatment records from April 2016 to the present.  
2. Schedule the Veteran for a VA examination to determine the current severity of his postoperative umbilical hernia.  

 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Davidoski, Associate Counsel