Citation Nr: 21030243
Decision Date: 05/18/21	Archive Date: 05/18/21

DOCKET NO. 14-24 604
DATE: May 18, 2021

REMANDED

Entitlement to service connection for a hernia disorder is remanded.

Entitlement to a total disability rating due to individual unemployability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1982 to November 1984.  

In May 2018, a video hearing was held before the undersigned.  A transcript of that hearing is of record.

In January 2018, the Board remanded the Veteran's claims to obtain VA examinations for the Veteran's back and hernia disorders.

In July 2019, the RO granted entitlement to service connection for a back disorder. 

In October 2019, the case returned to the Board.  The Board remanded the Veteran's claim for a hernia disorder in order to obtain an addendum opinion.  In addition, the Board remanded the Veteran's claim for TDIU for a referral for extraschedular consideration by the Director, VA Compensation Service.   

1. Entitlement to service connection for a hernia disorder is remanded.

In June 2020, an addendum opinion was obtained.  The examiner stated that it is less likely as not that the Veteran sustained a hernia in 1984.  The examiner stated that imaging in the 1990's did not demonstrate a hernia.  The examiner stated that "the Veteran was diagnosed with a diastasis recti.  This is sometimes mistaken for a hernia and both can produce a bulging effect in the abdomen region." The Board acknowledges that the examiner's addendum opinion addressed the hernia disorder; however, the examiner did not provide a medical opinion as to whether the abdominal disorder diastasis recti is a disability that is at least as likely as not related to the Veteran's military service.  Accordingly, the Board finds that a remand is necessary for the examiner to provide a more thorough analysis regarding the diagnosis of diastasis recti.  

2. Entitlement to a total disability rating due to individual unemployability is remanded.

The Veteran's claim for TDIU is intertwined with the issue currently remaining on appeal.  Harris v. Derwinski, 1 Vet. App. 180 (1991) (where a claim is inextricably intertwined with another claim, the claims must be adjudicated together).  Therefore, further consideration of the claim for TDIU must be deferred.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records from July 16, 2020, to the present.  

2. Obtain an additional addendum opinion regarding the abdominal disorder of a diastasis recti.  

If an examination is deemed necessary by the examiner, one should be scheduled, and all necessary tests and studies should be completed.

Following review of the claims file, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's diastasis recti is related to his military service to include the in-service motor vehicle accident.  

A complete rationale must be provided for all opinions expressed.  

3.  The RO should take any additional steps that it deems necessary to readjudicate the Veteran's claim for TDIU.  

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Rescan, 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.