Citation Nr: A25035135 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 230519-347897 DATE: April 16, 2025 REMANDED Entitlement to service connection for inguinal hernia is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from November 2016 through November 2020. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2022 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In the May 2023 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the November 2022 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. As the Board is remanding the claim, any evidence the Board could not consider will be considered by the AOJ. 38 C.F.R. § 3.103(c)(2)(ii). Service connection for inguinal hernia. Unfortunately, the claim must be remanded to cure pre-decisional duty to assist error. The Veteran asserts that service connection is warranted for his currently diagnosed inguinal hernia, as the condition started in service and has continued to be symptomatic since that time. In his October 2022 VA form 21-526EZ, he reported he had ongoing inguinal pain for four to five years that began in service, and that he finally got a CT scan at a VA medical center diagnosing the hernia. He stated the hernia still hurts. The AOJ found that there is a current disability. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). A VA examination must be obtained in a disability compensation claim if there is competent evidence of a current disability or persistent or recurrent symptoms of a disability; establishment of an in-service event, injury, or disease; an indication that the current disability may be associated with an in-service event or another service-connected disability; and insufficient competent medical evidence to make a decision on the claim. McClendon v. Nicholson, 20 Vet. App. 79 (2006). The evidence at the time of the rating decision on appeal met this low threshold as the AOJ found that there was a current disability and indication that this current disability may be associated with in-service injury. The Board finds that this matter must be remanded for VA medical examination and opinion in light of pre-decisional duty to assist error. 38 C.F.R. § 20.802(a). The matter is REMANDED for the following action: Schedule the Veteran for a VA examination by an appropriate clinician to determine the nature and etiology of his inguinal hernia. Following an examination of the Veteran and a review of the claims file, the examiner is asked to provide an opinion on the following: (a.) Identify all current diagnoses and disabilities of the inguinal hernia. (b.) Opine whether the diagnosed inguinal hernia is approximately at least as likely as not etiologically related to service, to include the Veteran's reports of in-service pain and ongoing pain until the time of diagnosis. The examiner must provide a complete rationale for all opinions provided. Nathaniel Doan Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Rippel, Chloe M. 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.