Citation Nr: 21001179 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 15-29 609 DATE: January 7, 2021 REMANDED Entitlement to a compensable rating for residuals of right and left hernia surgery, to include scars, is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND 1. Entitlement to a compensable rating for residuals of right and left hernia surgery, to include scars, is remanded. 2. Entitlement to TDIU is remanded. In October 2018, the Board remanded both claims to the Agency of Original Jurisdiction (AOJ) for development and readjudication. The Board requested that the AOJ schedule the Veteran for an examination to determine the severity of hernia residuals. The Board specifically requested that the examiner opine as to whether the hernia residuals at least as likely as not caused the Veteran to be unable to secure or follow a substantially gainful occupation, consistent with his training and experience. The Board indicated that, if the examiner felt that the Veteran was capable of employment, the examiner was to state what type of employment and what accommodations would be necessary due to the service-connected disabilities. The Veteran has advised VA that he last worked in 1989. In a January 2020 VA medical examination report, written in attempted compliance with the Board remand requests, a VA examiner reported examining the Veteran and listing the findings of that examination. In the report, the examiner noted that the Veteran was retired from a position as a “product designer for weight lifting” equipment, but also stated that the Veteran had zero to one week “work time lost in last 12 months.” The examiner stated that the Veteran was unable to twist his body due to the hernia residuals and that pain would increase with physical activity. The examiner noted that the Veteran reported being unable to lift objects due to his disability. The examiner did not comment as to what type of employment the Veteran would be capable of performing and what accommodations would be necessary due to his service-connected disability. Remand is necessary to schedule an additional examination. Moreover, the AOJ did not issue a supplemental statement of the case readjudicating the claim of entitlement to TDIU. A remand is necessary for the AOJ to readjudicate that issue. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination by a VA medical doctor examiner who has not previously examined the Veteran to determine the current severity of service-connected residuals of left and right inguinal hernias. The examiner must review the claims file, and should note that review in the report. In reviewing the evidence, the examiner should note the May 2016 VA treatment records, in which VA examiners noted examination of the Veteran's hernia residuals. All pertinent symptomatology and findings should be reported in detail, and any indicated diagnostic tests and studies should be accomplished. Following a complete review of the evidence of record, and with consideration of the Veteran’s statements, the examiner is requested to: (a.) For residuals of right and left inguinal hernias, the examiner should state whether each has been operated or is not operated, but remediable. For each, the examiner should state whether either hernia is small, reducible, or without true hernia protrusion. (b.) State whether or not the Veteran has a recurrent postoperative hernia of either side that is readily reducible and supported by the use of a truss or belt. (c.) State whether or not the Veteran has a small hernia of either side that is postoperative and recurrent, or unoperated and remediable, is not well-supported by truss, or not readily reducible. (d.) State whether the Veteran has a large hernia of either side that is postoperative and recurrent, that is not well-supported under ordinary conditions, is not readily reducible, or considered inoperable. (e.) Provide measurements of any surgical scars in the hernia area. State whether any scars are deep or superficial and linear or nonlinear. State whether any scars are painful or unstable, or result in any additional loss of function. (f.) Provide information regarding any current use of a hernia belt or truss. (g.) Determine whether there is any current erectile dysfunction disability related to the hernia disability. (h.) Determine whether there is evidence of marked interference with employment or frequent periods of hospitalization. (i.) Opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran is unable to secure or follow a substantially gainful occupation due to the service-connected disability, consistent with his training and experience. If the Veteran is felt capable of employment, the examiner should state what type of employment and what accommodations would be necessary due to the service-connected disabilities. 2. Then, readjudicate the claims. If any decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the claim to the Board. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T.M. Gillett 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.