Citation Nr: 22008025 Decision Date: 02/11/22 Archive Date: 02/11/22 DOCKET NO. 14-10 694 DATE: February 11, 2022 ORDERED Service connection for left inguinal hernia repair residuals is granted. REMANDED Entitlement to service connection to a lumbar spine disability is remanded. Entitlement to service connection for a right foot disability is remanded. Entitlement to service connection for a left foot disability is remanded. FINDING OF FACT Left inguinal hernia repair residuals were manifested during active service. CONCLUSION OF LAW The criteria for service connection for left inguinal hernia repair residuals have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.102. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1987 to July 1990 and from February 1991 to March 1991. Service Connection for Left Inguina Hernia Repair Residuals Service connection may be granted for recurrent disability arising from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131. The service treatment records reflect that the Veteran was diagnosed with a left inguinal hernia. He underwent a July 1989 left inguinal hernia surgical repair. The report of a December 2019 Department of Veterans Affairs (VA) hernia examination states that the Veteran exhibited left inguinal hernia repair scar residuals. Therefore, service connection for left inguinal hernia repair residuals is granted. REASONS FOR REMAND 1. Entitlement to service connection to a lumbar spine disability is remanded. In its March 2021 Remand instructions, the Board requested that the Veteran be provided a VA lumbar spine examination. The examiner was directed to "specifically address the Veteran's statements that his low back pain began while lifting heavy objects in service and that he has experienced on and off pain in the buttocks and tingling in his legs and foot through the years" and to "assume the Veteran's statements regarding the onset and continuity of his back pain to be true." The report of a June 2021 spine examination conducted for VA states that "the claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness." The examiner did not address the Veteran's statements that his low back pain began in service. The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268 (1998). Therefore, the Board finds that further VA lumbar evaluation is needed. 2. Entitlement to service connection for a right foot disability and a left foot disability is remanded. The report of a December 2019 VA foot conditions examination states the Veteran reported that he experienced pain and burning to his right great toe and "[h]is doctor said it was a bunion and partly due to diabetes." Clinical documentation of the cited private treatment is not of record. VA should obtain all relevant VA and private treatment records which could potentially be helpful in resolving the Veteran's claims. Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992). The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for the cited private primary care provider and the doctor who provided treatment for any foot disabilities. Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile. 2. Schedule the Veteran for a VA lumbar spine examination conducted by a medical doctor to assist in determining the nature of any identified lumbar spine disability. The examiner must review the record and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a) Diagnose all lumbar spine disabilities found. (b) Opine whether it is at least as likely as not (50 percent probability or greater) that any identified lumbar spine disability had its onset during active service or is related to any incident of service. The examiner should specifically address the Veteran's statements that his low back pain began while lifting heavy objects in service and that he has experienced intermittent pain in the buttocks and tingling in his legs and foot since active service. J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Smith, 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.