Citation Nr: 20008178
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 17-36 074A
DATE: January 30, 2020

REMANDED

A compensable initial rating for service-connected hernia surgery residuals is remanded. 

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Air Force from January 2004 to November 2012.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision.  In January 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge of the Board.  

The matter is REMANDED for the following action:

1. Please note that, by law, ALL remanded claims must be processed expeditiously.

2. Obtain all records of VA treatment and any adequately identified private treatment records for association with the claims file.  

3. Then schedule the Veteran for an examination with an appropriate examiner to evaluate the nature and severity of the Veteran’s service-connected hernia surgery residuals, other than scarring.  A remand is necessary because the May 2017 VA examinations focused primarily on the Veteran’s hernia surgery scar and did not account for the Veteran’s other service-connected hernia surgery residuals, to include internal pain, weakness, and a recurrent hernia.  

[The Board draws the examiner and RO’s attention to the Veteran’s June 2014 notice of disagreement and July 2017 VA Form 9 explaining that she has hernia residuals aside from the scar, including internal pain up to 7/10 in severity, a tugging sensation, muscle weakness, and a recurrent hernia, that will hopefully provide helpful information to the RO and the examiner.]

The examiner should provide the following information based on (1) a review of the claims file and (2) interview and examination of the Veteran.  

The examiner should have available for review a copy of the criteria in 38 C.F.R. § 4.114, Diagnostic Code 7339, and the findings reported should be sufficiently detailed to allow for application of all pertinent criteria.  

Please also describe in detail the nature and degree of reported symptoms (pain, weakness, recurrent hernias etc.) and related functional impairment.

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A detailed explanation (rationale) is required for all opinions provided and is very much appreciated.  (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation.)

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Robinson, 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.