BVA9501520 
DOCKET NO.  92-03 704     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to an increased rating for the post-operative
residuals of a right inguinal hernia repair, currently evaluated
as 10 percent disabling.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

ATTORNEY FOR THE BOARD

Patrick J. Costello, Associate Counsel

INTRODUCTION

The veteran had active military service from July 1953 to July
1955.

This matter came before the Board of Veterans' Appeals
(hereinafter the Board) on appeal from a March 1991 rating
decision of the Department of Veterans Affairs (VA) Regional
Office (RO), in St. Petersburg, Florida, which denied the
veteran's claim for a compensable rating for the residuals of a
right inguinal hernia.  The RO also denied the veteran's request
to reopen a claim for entitlement to service connection for
homosexuality with intermittent depression noting that new and
material evidence had not been presented sufficient to reopen
that claim.

Upon receipt of the claim, the Board remanded the case in April
1992 for further development including examination of the
veteran.  The case was then returned to the Board for further
appellate consideration.  In October 1993, the Board rendered a
decision from which the veteran appealed to the Court of Veterans
Appeals (hereinafter the Court).  In [citation redacted],
the Court upheld the Board's
decision that the veteran had not submitted any new and material
evidence sufficient to reopen his claim for entitlement to
service connection for homosexuality with intermittent
depression.  The Court however remanded the case to the Board for
further development, concerning the veteran's claim for an
increased rating for the residuals of a right inguinal hernia.

REMAND

The veteran claims that the disability evaluation assigned for
the residuals of a right inguinal hernia does not adequately
reflect the severity of the condition.  In October 1993, the
Board determined that, in fact, the rating was inadequate and
assigned a 10 percent disability evaluation on the basis of the
veteran's most VA outpatient records.  However, in its September
1, 1994, Decision, the Court ordered additional development prior
to any further appellate consideration of the claim.

In particular, the Court remanded the case to the Board so that
the appellant could be given a medical examination to determine
the extent of the disability resulting from the service connected
hernia.
In accordance with the mandate of the Court, this case is
REMANDED to the RO for the following action:

The veteran is to be afforded a special
internal medicine examination for the
purpose of ascertaining the current nature
and extent the veteran's service-connected
hernia condition.  The RO should request
that the examiner peruse 38 C.F.R. Part 4,
Diagnostic Code 7338 (1994) prior to
examining the veteran, and then specify in
the report of examination the nature of the
veteran's disability; i.e., is the hernia
large or small, reducible or nonreducible,
not supported or unsupported, etcetera.
All indicated special studies should be
accomplished and the examiner should set
forth reasoning underlying the final
diagnosis.  The claims folder and this
Remand are to be made available to the
examiner for review prior to the
examination.

Following completion of the requested development, the veteran's
claim should be readjudicated.  If the decision remains
unfavorable, he and his representative should be given a
supplemental statement of the case and allowed sufficient time
for a response.  Thereafter, the claim should be returned to the
Board for further consideration.

No action is required of the veteran until he is contacted by the
regional office.  The purpose of this REMAND is to ensure due
process and to obtain additional clarifying medical evidence.

          (CONTINUED ON NEXT PAGE)

          JACK W. BLASINGAME
          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.

Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals.  This remand is in the nature of a
preliminary order and does not constitute a decision of the Board
on the merits of your appeal.  38 C.F.R. § 20.1100(b) (1993).