Citation Nr: 20038034 Decision Date: 06/03/20 Archive Date: 06/03/20 DOCKET NO. 15-01 168 DATE: June 3, 2020 REMANDED Entitlement to an initial compensable rating for status post umbilical hernia repair is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Army from September 2008 to September 2012. This appeal comes before the Board of Veterans' Appeals (Board) from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina. Jurisdiction was subsequently transferred to the RO in Houston, Texas. In June 2017, the Veteran testified during a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In May 2018, the Board remanded the issue of entitlement to an initial compensable rating for status post umbilical hernia repair for additional development. The issues of entitlement to service connection for infertility and entitlement to an increased rating for residual scar, status post umbilical hernia surgery were referred to the AOJ for appropriate action. 38 C.F.R. § 19.9(b). In April 2020, the RO issued a rating decision continuing the 10 percent evaluation for peritoneal adhesions and a noncompensable rating for residuals scars related to the status post umbilical hernia surgery. Entitlement to service connection for infertility was denied in an April 2020 Statement of the Case. These issues have not been appealed, and therefore these matters are not before the Board at this time. Entitlement to an initial compensable rating for status post umbilical hernia repair is remanded. Although the Board regrets the delay, remand is required to ensure there is a complete record on which to decide the Veteran’s claim. In May 2018, the Board remanded the Veteran’s claim in order to obtain pertinent VA treatment records, to obtain a VA examination, and to refer the Veteran’s claim to VA’s Director of Compensation Service for adjudication in accordance with 38 C.F.R. § 3.321(b). The VA examiner was directed to determine whether the service-connected status post umbilical hernia repair caused any additional symptoms or complications, to include, but not limited to any effects on carrying a pregnancy or fertility. The examiner was also directed to comment on the impact of the disability on the Veteran’s ability to work. The Veteran was afforded a VA examination in September 2019. The examiner found the Veteran did not have any other pertinent physical findings, complications, or conditions related to the status post umbilical hernia repair. The examiner noted that the Veteran reported pain deep in her abdomen since her umbilical hernia repair, but found there was no evidence of any hernia and the scars were well healed. The Board finds the September 2019 VA examination is inadequate. The examiner failed to address the potential effects on carrying a pregnancy or fertility. Further, while the examiner acknowledged the Veteran reported pain in her abdomen since the time of the umbilical surgery, the examiner did not address the functional impact of the reported pain. Finally, the examiner did not address the impact of the disability on the Veteran’s ability to work. Additionally, the Board finds the Director of Compensation Service did not address or consider the Veteran’s contentions with regard to the residuals of her disability discussed during the June 2017 Board hearing, to include potential effects on pregnancy. The matter is REMANDED for the following actions: 1. Schedule the Veteran for an appropriate VA examination to ascertain the current severity of the Veteran’s service-connected status post umbilical hernia repair. The examiner should review the record prior to examination. All indicated testing must be conducted. All pertinent symptomatology and findings must be reported in detail. The examiner should also determine whether the Veteran’s service-connected status post umbilical hernia surgery has caused any additional symptoms or complications, to include, but not limited to, any effects on carrying a pregnancy or fertility. The examiner must provide written consideration of the status-post umbilical hernia repair’s potential complications to include any effects on carrying a pregnancy or fertility. The examiner should also comment on the impact of the disability on the Veteran’s ability to work. A complete rationale for any opinion offered should be provided. 2. Refer the Veteran’s claim for an increased initial rating for status post umbilical hernia repair to VA’s Director of Compensation Service for additional adjudication in accordance with 38 C.F.R. § 3.321(b). In particular, the Director of Compensation Service is asked to provide rewritten consideration of the Veteran’s contentions with regard to the residuals of her disability discussed during the June 2017 Board hearing, to include potential effects on pregnancy, as well as any residuals identified on examination. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Laura C. Owens 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.