Citation Nr: 21063463 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 14-20 722 DATE: October 14, 2021 REMANDED Entitlement to an initial compensable rating prior to April 14, 2018, and in excess of 10 percent, thereafter (but excluding from August 7, 2018 to September 30, 2018), for service-connected inguinal hernia repair, right side, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1979 through July 1983. The Veteran testified before the undersigned Veterans Law Judge during a May 2018 Board hearing. A transcript of that hearing has been associated with the claims file. In a November 2020 decision, the Board, in pertinent part, denied an initial compensable disability rating prior to April 14, 2018 and in excess of 10 percent thereafter (but excluding from August 7, 2018 to September 30, 2018), for service-connected inguinal hernia repair, right side. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claim (Court). In a July 2021 Joint Motion for Partial Remand (JMPR), the parties requested that the Court vacate the portion of the Board decision on this issue. Specifically, the parties agreed that inadequate reasons and bases were provided for the Board's finding that the August 2020 VA examination was adequate, and that the Board failed to provide any discussion of what the rating criteria was for a higher rating under diagnostic code 7338. Although the Veteran has undergone a VA examination recently for his right inguinal hernia disability in August 2020, the Veteran and his representative claim it was inadequate, in part, due to the examiner having limited the opinion to only the changes in the Veteran's symptoms since a March 2019 VA examination, among others (ie. alleging that the examination lasted for only 30 minutes and the Veteran was only asked questions). However, additional VA treatment records have been obtained since the most recent Board decision that has been vacated by the JMPR, which suggest another exam is needed. Initially, the Board points out that entitlement to a higher disability rating under DC 7338 hinges on the presence of recurrent hernia, among others. Here, the additionally obtained VA treatment records seem to contain evidence suggestive of the possible worsening, but it is also not entirely clear based on these records whether the Veteran indeed has a recurrent inguinal right hernia or not, as the scheduled CT exams for reassessing "recurrent inguinal hernias" were cancelled during those times (see i.e., September 2020 VA treatment records, "exam: no recurrent hernia on exam, Assessment: bilateral groin pain"; but see November 2020 and April 2021 VA treatment records, "will order CT scan abdominal/pelvis to reassess for recurrent inguinal hernias," but the scheduled CT exams were cancelled). Thus, the Board finds it necessary to remand for a new medical examination that assesses the nature/severity of the Veteran's right inguinal hernia disability (ie. verify the presence of recurrent right inguinal hernia; large/small/not well supported under ordinary conditions). The matter is REMANDED for the following action: 1. Obtain and associate with the claims file VA treatment records from May 2021 to the present. 2. Schedule a VA examination to ascertain the current severity/nature of the Veteran's service-connected inguinal hernia repair right side. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Lee, Catherine 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.