Query: (reduction of rating) AND ("ventral hernia")
notice was provided to the appellant and her attorney on January 6, 2012. The RO assigned an initial rating of 20 percent, effective January 26, 1993; and a rating of 40 percent, effective December 31,
and tender scarring, abdomen, from repair of an inguinal hernia), the RO accomplished this in a single rating decision. In other words, the reduction in this case did not actually result in a reduction
ISSUES 1. Entitlement to an initial disability rating in excess of 20 percent for residuals, ventral hernia. 2. Entitlement to a disability rating in excess of 10 percent for patellar bursitis, right
ventral hernia which is not well supported by a belt under ordinary conditions, or a healed ventral hernia or postoperative wound with weakening of the abdominal wall and indications for a supporting belt.
advised that, if he wishes to challenge (1) the March 2012 rating decision pertaining to his scar, (2) the reduction of his gastric disability rating from 60 percent to 40 percent, or (3) the rating decision
to an initial rating in excess of 10 percent for status post kidney stones with history of hematuria. 22. Entitlement to an initial compensable rating for umbilical hernia. 23. Entitlement to an initial
that in the case of a staged rating involving the simultaneous assignment in a decision of higher and lower evaluations for a disorder, there is no reduction of a rating unless the rating action assigns
January 2007) and March 2012 (notice sent August 2012) rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. The December 2006 rating decision denied an increase
38 C.F.R. ง 4.59. With respect to the joints, the factors of disability reside in reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations:
will show all the findings specified; however, findings sufficiently characteristic to identify the disease and the disability therefrom and coordination of rating with impairment of function will be expected
Citation Nr: 1617438 Decision Date: 05/02/16 Archive Date: 05/26/16 DOCKET NO. 14-23 995 DATE MAY 05 2016
for a scar on the left knee. 2. Entitlement to a rating in excess of 50 percent for an acquired psychiatric disorder. 3. Entitlement to an initial rating in excess of 10 percent for a right knee disability.
11. The preponderance of the competent medical and other evidence of record is against a finding that the Veteran's currently diagnosed ventral/umbilical hernia (status post repair) is related to service.
therefrom, and above all, coordination of rating with impairment of function will, however, are expected in all instances. 38 C.F.R. § 4.2. PTSD is evaluated under VA's General Rating Formula for Mental
of an appeal by the Veteran have been met as to the issue of entitlement to an initial compensable disability rating for postoperative ventral hernia as secondary to the service connected disability of
small bowel and umbilicus, has not been productive of any type of hernia, including a post-operative ventral hernia. 4. There is no medical evidence of record dated earlier than August 3, 2000, which
ventral incisional hernia and esophageal cancer with residuals of GERD, which are on appeal as increased rating claims and thus the examination along with the other evidence of record is adequate for rating
by his service-connected ventral hernia, stating that his ventral and inguinal hernias are separate anatomical and pathological conditions, and that the Veteran's ventral hernia has no impact at all on
connected ventral hernia residuals. CONCLUSIONS OF LAW 1. The criteria for a disability rating in excess of 20 percent for residuals of a ventral hernia have not been met or more nearly approximated
in excess of 10 percent for service-connected residuals of postoperative ventral hernia. 6. Entitlement to a temporary total disability rating for hernia surgery in 1992. 7. Entitlement to a temporary
LAW The criteria for a disability rating in excess of 20 percent for a ventral hernia have not been met or more nearly approximated for the entire increased rating period. 38 U.S.C.A. xA7 xA7 1155,
1. Entitlement to a disability rating in excess of 20 percent for left ring finger ulcer scar with left palm scar. 2. Entitlement to a compensable disability rating for post-operative umbilical hernia.
only the Board's denial of an increased rating claim for bilateral pes planus and not the assignment of separate 10 percent ratings for mild degenerative changes at the first MTP of the right and left foot.
and incisional hernia repair scars are worse than the initial noncompensable evaluation indicates. Disability evaluations are determined by the application of a schedule of ratings, which is based on the
for rating purposes as it fully addresses the rating criteria and evidence of record that are relevant for rating the Veteran's hiatal hernia and GERD. Accordingly, the Board finds the AOJ has substantially
an initial rating in excess of 10 percent for chronic gastritis, gastric ulcer, and a hiatal hernia with gastroesophageal reflux disease before March 23, 2015 have not been met. 38 U.S.C.A. งง 1155,
right-side inguinal hernia requires the use of a support truss or belt. CONCLUSION OF LAW The criteria for a compensable rating for an inguinal hernia have not been met. 38 U.S.C.A. § 1155 (West 2014)
Entitlement to a rating in excess of 10 percent for residuals of right foot fracture. 8. Entitlement to a compensable rating for residuals of left inguinal hernia. 9. Entitlement to a total rating based
rating is not limited to that reflecting the then current severity of the disorder. In Fenderson, the Court also discussed the concept of the "staging" of ratings, finding that in cases where an initially
I. New and Material Evidence An October 2004 rating decision denied service connection for a dental disability and a post-operative ventral hernia. The Veteran filed a timely notice of disagreement regarding
the electronic claims file. The Court of Appeals for Veterans Claims (Court) has held that the issue of entitlement to TDIU is part and parcel of an increased rating claim when it is raised by the record.
stricture of the rectum and anus requiring colostomy; ventral hernia; liver disease; pancreatitis; or hepatitis. CONCLUSION OF LAW The criteria for a disability rating in excess of 60 percent for gastroesophageal
an examiner's assessment of the level of disability at the moment of examination. It is the responsibility of the rating specialist to interpret reports of examinations in the light of the whole recorded
as it fully addresses the rating criteria and evidence of record that are relevant for rating the Veteran's IBS. As such, the Board finds that there is adequate medical evidence of record to make a determination
prior to December 13, 2011 and a rating in excess of 20 percent thereafter. 7. Entitlement to a temporary total disability rating for ventral hernia repair surgery with convalescence. 8. Entitlement
to an initial rating in excess of 10 percent for abdominal scars, residuals of ventral hernia repair and temporary colostomy is addressed in the REMAND portion of the decision below and is remanded to the
decision, the Board finds that service connection is warranted for varicose veins, sleep apnea, and ventral hernia, status post ventral herniorrhapy with residual scarring. As such, no discussion of VA's
connection for a ventral hernia. 14. Entitlement to service connection for peripheral neuropathy of the right and left upper extremities. 15. Entitlement to service connection for a back condition,
last several months, but not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. 5. The Veteran's postoperative ventral hernia is healed,
status post ventral herniorrhaphy with residual scarring and recurrent ventral hernia and diastasis rectus) by a March 2016 VA examiner, the umbilical hernia occurred during a dishonorable period of service
fracture, an anal fissure, left ankle strain, hypertrophy of the prostate, urinary obstruction, a tic disorder, residuals of an appendectomy, residuals of a ventral hernia, diabetes mellitus, a chronic
ISSUES 1. Entitlement to a compensable rating for residuals of right inguinal hernia repair. 2. Entitlement to an initial rating in excess of 40 percent for residuals of right ventral hernia repair.
November 20, 2009; as well as granted service connection and assigned an initial 20 percent rating for ventral hernia, effective May 16, 2005. An April 2012 Board decision denied service connection for
rating for residuals of a ventral hernia for the period prior to March 6, 2013. The Board remanded the issue of a higher initial disability rating for residuals of a ventral hernia for the period from
Earlier Effective Date Ventral Hernia The Veteran claims that his current service-connected disability of a recurrent ventral hernia, which is currently rated at 100 percent from March 12, 2014, should
not incurred or aggravated due to a disease or injury during a period of ACDUTRA or an injury during a period of INACDUTRA. CONCLUSION OF LAW The criteria for service connection for a hernia disorder
reoccurrence of a ventral hernia without the use or the indication of use of a supporting belt, a weakening of the abdominal wall, severe diastasis of recti muscles or extensive diffuse destruction, the
On appeal from the Department of Veterans Affairs (VA) Regional Office in Louisville, Kentucky THE ISSUES 1. Entitlement to service connection for left ventral hernia and left inguinal hernias, status
to a disability rating in excess of 10 percent for a scar due to multiple periumbilical herniorrhaphies for recurrent ventral hernias (hernia scars). REPRESENTATION Veteran represented by: Disabled
abdominal abscess, phlegmon affecting the ileum and jejunum, perforation of the small bowel, fistulas, anal fissure, recurrent ventral hernia or incisional hernia, or any other diagnoses or findings related
disability to his previously identified ventral hernia. A review of the record reflects that the Veteran was treated for a ventral hernia as early as April 2008 (although a December 2008 primary care note
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