Citation Nr: 21000099 Decision Date: 01/04/21 Archive Date: 01/04/21 DOCKET NO. 16-14 199 DATE: January 4, 2021 REMANDED Entitlement to a compensable disability rating for service-connected umbilical herniorrhaphy prior to March 10, 2016, and in excess of 20 percent thereafter, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Air Force from August 1980 to December 1984. This matter before the Board of Veterans’ Appeals (Board) is on appeal from a December 2014 rating decision and a March 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas (Agency of Original Jurisdiction (AOJ)). The Veteran testified at a video conference hearing before the undersigned in May 2019. A transcript of the proceeding is of record. Prior to certification of the appeal to the Board, the Veteran submitted a written statement dated July 25, 2020 withdrawing from appeal his claims for (1) entitlement to service connection for hepatitis C; (2) entitlement to service connection for left ear hearing loss; and (3) entitlement to a compensable disability rating for right ear hearing loss. A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. §§ 19.55(b)(1). In the matter at hand, the Veteran submitted written correspondence conforming to the above criteria and these claims are no longer on appeal. 1. Entitlement to a compensable disability rating for service-connected umbilical herniorrhaphy prior to March 10, 2016, and in excess of 20 percent thereafter The Veteran’s umbilical herniorrhaphy is evaluated pursuant to 38 C.F.R. § 4.114, DC 7339. Under DC 7339, a 0 percent rating is assigned for healed postoperative wounds, with no disability and a belt not indicated. A 20 percent rating is assigned for a small postoperative ventral hernia that is not well supported by a belt under ordinary conditions, or a healed ventral hernia or postoperative wounds with weakening of abdominal wall and indication for a supporting belt. A 40 percent rating is assigned for a large postoperative ventral hernia that is not well supported by a belt under ordinary conditions. A 100 percent rating is assigned for massive, persistent and severe diastasis of recti muscles or extensive diffuse destruction or weakening of muscular and fascial support of abdominal wall so as to be inoperable. 38 C.F.R. § 4.114. In October 2020, the Veteran reported additional relevant VA clinic records as well as records from a private provider of treatment that he desired to be reviewed in support of his appeal. The Board must remand this case to assist the Veteran as VA clinic records are deemed in constructive VA’s possession. Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). (continued on the next page) Accordingly, this case is REMANDED for the following: 1. Associate with the claims folder updated VA treatment records, as well as the private records identified by the Veteran in his October 2020 statement. 2. Thereafter, after determining whether there is evidence of an increased severity of symptoms warranting additional examination, conduct any additional development necessary and readjudicate the claim. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Victoria A. Banis, 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.