BVA9507371 DOCKET NO. 93-08 073 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to an increased (compensable) evaluation for residuals of a left inguinal hernia repair. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD R. A. Caffery, Counsel INTRODUCTION The veteran served on active duty from August 1940 to May 1945. This is an appeal from a February 1992 rating action by the Department of Veterans Affairs (VA) Regional Office, St. Petersburg, Florida, which continued a noncompensable evaluation for the veteran's left inguinal hernia repair residuals. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends, in substance, that he should be entitled to a compensable evaluation for the left inguinal hernia repair residuals since he had five hernias during service and was operated on five times for the hernias. The hernias involved both sides. He currently experiences pain and tenderness at the site of the hernia repairs. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter and for the following reasons and bases, it is the decision of the Board that a 10 percent evaluation is warranted for the left inguinal hernia repair residuals. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the regional office to the extent possible. 2. The veteran has bilateral inguinal hernia repair scars. He has complained of pain and tenderness in the left groin area. Recurrence of the left inguinal hernia has not been demonstrated. CONCLUSION OF LAW A 10 percent evaluation for residuals of a left inguinal hernia repair is warranted. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 4.40, Part 4, Codes 7804, 7338 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board notes that it has found the veteran's claim to be "well grounded" within the meaning of 38 U.S.C.A. § 5107(a); effective on and after September 1, 1989. That is, the Board finds that he has presented a claim which is plausible. The Board is also satisfied that all relevant facts have been properly developed. A VA examination for the purpose of evaluating the current degree of severity of the left inguinal hernia residuals was scheduled for the veteran in September 1992; however, he canceled the examination. Thus, this decision is necessarily based on the evidence of record. The veteran's service medical records reflect that surgery was performed on several occasions for repair of a left inguinal hernia. By rating action dated in June 1945, service connection was established for residuals of a left inguinal hernia repair, rated noncompensable. In March 1990, the veteran reopened his claim for an increased evaluation for his service-connected condition. The veteran later provided numerous private medical records in support of his claim. The records reflect that he was observed and treated for various conditions from 1989 to 1991. He was seen in June 1989 with a chief complaint of small strokes. On physical examination, the abdomen was soft and nontender. There was a well-healed right midline incision. There were bilateral inguinal hernia scars with no recurrent hernias. The private medical records reflect that he was seen in September 1990 with a complaint of pain and discomfort in the left groin. He gave a history of having several prior hernia repairs. Examination showed some slight tenderness in the left groin, with the veteran standing and prone. The examiner did not appreciate any recurrent herniation. The veteran testified at a hearing at the regional office in August 1992. He provided information regarding his claim that was essentially similar to that set forth in the Contentions portion of the decision. The veteran was scheduled for a VA examination in September 1992 to determine the nature and severity of his hernia residuals. However, he canceled the examination. A noncompensable evaluation is warranted for a small, reducible inguinal hernia; for one which is without true hernia protrusion; and for any postoperative inguinal hernia which is remediable. A 10 percent evaluation is appropriate for a recurrent postoperative hernia which is readily reducible and well supported by a truss or belt. 38 C.F.R. Part 4, Code 7338. A 10 percent evaluation is warranted for superficial scars which are poorly nourished with repeated ulceration or which are tender and painful on objective demonstration. 38 C.F.R. Part 4, Codes 7803, 7804. In this particular case, as indicated previously, the veteran's service medical records reflect that he had several operations for repair of a left inguinal hernia. He has testified that he has pain and tenderness in the areas of the operations and the private medical records reflect that when he was seen in September 1990, there was slight tenderness in the left groin. However, neither that examination nor the prior private examination in June 1989 reflected any recurrence of herniation. Thus, a compensable evaluation under the provisions of Diagnostic Code 7338 is not in order. Nevertheless, as the evidence suggests that the pain and tenderness in the left groin area is related to the multiple hernia repairs the veteran has undergone, the Board concludes that the requirements for a 10 percent evaluation for the left inguinal hernia residuals have been met. 38 C.F.R. §§ 4.40, Part 4, Code 7804. The benefit of the doubt has been resolved in the veteran's favor. 38 U.S.C.A. § 5107. In reaching its decision, the Board has considered the complete history of the disablity in question as well as the current clinical manifestations and the effect the disability may have on the earning capacity of the veteran. 38 C.F.R. 4.1, 4.2, 4.16 (1994). Further, the Board finds that in this case the disability picture is not so exceptional or unusual so as to warrant an evaluation on an extraschedular basis. It has not been shown that the service-connected left inguinal hernia residuals have caused marked interference with employment or necessitated frequent periods of hospitalization. 38 C.F.R. 3.321(b)(1)(1994). The criteria for an evaluation greater than 10 percent have not been met or approximated. 38 C.F.R. 4.7 (1994). ORDER Entitlement to a 10 percent evaluation for residuals of a left inguinal hernia repair is granted, subject to the law and regulations governing the payment of monetary benefits. WAYNE M. BRAEUER Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.