Citation Nr: 21004512
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 18-53 463
DATE: January 27, 2021

REMANDED

Entitlement to a compensable initial rating for bilateral inguinal hernias status post-surgical repair is remanded.

INTRODUCTION

The Veteran served on active duty from February 1961 to August 1965.

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

In January 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  

REASONS FOR REMAND

The most recent VA examination with respect to the Veteran’s service-connected bilateral inguinal hernias status post-surgical repair occurred in April 2017.  The evidence of record does not include treatment reports or other evidence dated since April 2017 with respect to this disability.  The Board finds that the VA examination is too remote, and the evidence of record is otherwise inadequate, to accurately assess the current severity of the Veteran’s disability.  As such, the Board finds that a remand is warranted to provide the Veteran VA examinations.  Green v. Derwinski, 1 Vet. App. 121 (1991).

The matters are REMANDED for the following action:

1. Contact the Veteran and afford him the opportunity to identify or submit any additional pertinent evidence in support of his claim.  Based on his response, attempt to procure copies of all records which have not previously been obtained from identified treatment sources.

2. Regardless of the Veteran’s response, obtain the Veteran’s relevant VA treatment record not already associated with the claims file.

3. Schedule the Veteran for a VA examination to determine the current level of severity of his service-connected bilateral inguinal hernias status post-surgical repair.  Ensure that the examiner provides all information required for rating purposes.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Sean G. Pflugner, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.