Citation Nr: 22014655
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 18-35 117
DATE: March 14, 2022

ORDER

Service connection for a ventral hernia (claimed as umbilical hernia) is granted.

FINDING OF FACT

The Veteran's ventral hernia was incurred as a result of surgery for service-connected peripheral artery disease.  

CONCLUSION OF LAW

The criteria for service connection for a ventral hernia, as secondary to service-connected peripheral artery disease, are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1964 to February 1967.  This matter is before the Board following his appeal of a September 2017 rating decision.  The Board previously remanded this matter in March 2020 and March 2021.

Service Connection for a Ventral Hernia

Generally, service connection will be granted if the evidence demonstrates that a current disability resulted from a disease or injury incurred in active military service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a).  Establishing service connection requires evidence of a current disability, an in-service incurrence, disease or injury and a causal relationship between the current disability and the in-service incurrence, disease or injury.  Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018).

Service connection may also be granted where a disability is proximately due to or aggravated by an already service-connected disability.  38 C.F.R. § 3.310.  To establish secondary service connection for a disability there must be (1) a current disability (for which secondary service connection is sought); (2) an existing service-connected disability, and (3) evidence that the current disability for which service connection is sought was either (a) caused or (b) aggravated by the service-connected disability.  38 C.F.R. § 3.310.  See Allen v. Brown, 7 Vet. App. 439 (1995) (en banc).

Following a review of the record, the Board finds that the criteria for service connection for a ventral hernia are met on a secondary basis.  As an initial matter, the Veteran was recently granted service connection for peripheral artery disease of the bilateral lower extremity as secondary to diabetes mellitus.  See December 2021 Rating Decision.  Private treatment records show that the Veteran has received treatment for peripheral vascular/artery disease since 2015 and underwent aortofemoral bypass surgery for the same in January 2017.  During an August 2017 VA examination, the Veteran competently reported the development of a ventral hernia at the incision site approximately two months following his surgery.  The August 2017 VA examiner then confirmed the presence of a large ventral hernia and noted that the hernia was a complication of the surgery for peripheral artery disease.  

The foregoing evidence supports that the Veteran developed a ventral hernia as a result of surgery for his service-connected peripheral artery disease.  Importantly, there is no contrary evidence of record.  Accordingly, service connection for a ventral hernia as secondary to peripheral artery disease is granted.

 

 

S. C. Krembs

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Fagan

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.