Citation Nr: 20022561
Decision Date: 04/01/20	Archive Date: 04/01/20

DOCKET NO. 18-38 201
DATE: April 1, 2020

REMANDED

Entitlement to service connection for residuals from umbilical hernia surgery is remanded.

REASONS FOR REMAND

The Veteran had active military service from December 2008 to October 2016.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2017 rating decision of a VA Regional Office (RO).

The Veteran asserts that he suffers from residuals of an umbilical hernia repair surgery. See July 2016 claim.

During the Veteran’s June 2017 VA opinion regarding his claimed condition, the VA examiner opined that the Veteran’s umbilical hernia clearly and unmistakably preexisted service and was not aggravated beyond its natural progression by any in-service event, injury, or disease. Unfortunately, the examiner failed to state whether the condition was clearly and unmistakably not aggravated beyond its natural progression by service. The “clear and unmistakable” standard has two parts, and the examiner did not sufficiently address the second part.

Based on these facts, the Board finds the June 2017 VA medical opinion inadequate for adjudication purposes. An addendum opinion is needed.

The matters are REMANDED for the following action:

1. Make efforts to obtain all outstanding medical records in accordance with the duties set forth in 38 C.F.R. § 3.159(c).

2. Forward the claims file to the examiner who issued the June 2017 VA medical opinion, or, if that individual is not available, to an equally qualified medical professional, in order to secure an addendum opinion regarding the etiology of the claimed residuals of umbilical hernia surgery. The complete electronic claims file, to include this remand, must be reviewed in conjunction with the examination, and the examiner must note that they reviewed the claims file. The VA examiner is asked to provide an opinion on the following matters:

(a.) Did the Veteran’s umbilical hernia condition clearly and unmistakably preexist his active duty service, and if so, was it clearly and unmistakably NOT aggravated (did not worsen beyond natural its progression) by service.

“Clear and unmistakable” evidence is a much more formidable evidentiary burden to meet than the preponderance-of-the-evidence standard. See Vanerson v. West, 12 Vet. App. 254, 258 (1999). It is an “onerous” and “very demanding” evidentiary standard, requiring that the evidence be “undebatable.” See Cotant v. West, 17 Vet. App. 116, 131 (2003).

(b.) If the response to question (a.) is negative, please provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s umbilical hernia condition arose during or as a result of his active service.

A complete rationale should be provided for all conclusion.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Hicks, 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.