Citation Nr: 20007204
Decision Date: 01/29/20	Archive Date: 01/28/20

DOCKET NO. 18-12 783
DATE: January 29, 2020

REMANDED

Entitlement to a compensable rating for left inguinal hernia repair is remanded.

Entitlement to a compensable rating for scar status post left inguinal hernia repair is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1973 to November 1975.

This case comes before the Board of Veteran’s Appeals (Board) on appeal of a March 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In January 2020, the Veteran testified before the undersigned Veterans Law Judge.

1.   Entitlement to a compensable rating for left inguinal hernia repair

2.   Entitlement to a compensable rating for scar status post left inguinal hernia repair

At his January 2020 Board hearing, the Veteran testified that his symptoms associated with left inguinal hernia repair had significantly worsened since his last VA examination in February 2015.  He reported a painful scar and that he had been prescribed a truss by a private medical provider.  Because this evidence suggests a material worsening of the Veteran’s conditions since his last VA examination, reexamination is necessary.  See 38 C.F.R. §§ 3.326, 3.327 (reexaminations will be requested whenever VA determines there is a need to verify the current severity of a disability, such as when the evidence indicates there has been a material change in a disability or that the current rating may be incorrect); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

Also, it is necessary to request authorization to obtain outstanding medical record identified during the Board hearing.

The matters are REMANDED for the following action:

1.   Ask the Veteran to complete a VA Form 21-4142 for all non-VA medical providers seen for his left inguinal hernia repair symptoms since February 2015, to include Dr. Patrick Leach.  Make two requests for the authorized records from all identified sources, unless it is clear after the first request that a second request would be futile.

2.   Obtain the Veteran’s VA treatment records for the period from January 2016 to the Present.

3.   Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left inguinal hernia status post repair.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.

 

4.   Readjudicate.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C.E., Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.