The veteran's appeal for an initial disability rating in excess of 10 percent prior to November 16, 1998; zero percent from January 1, 1999, to August 9, 2000; and 20 percent from August 10, 2000, for his service-connected bilateral inguinal hernia must be denied. He does not meet any of the criteria for the next higher evaluation under Diagnostic Code 7338.
The deciding factor: The veteran's bilateral inguinal hernia was not postoperative recurrent or unoperated irremediable prior to November 16, 1998, and did not have symptoms that would warrant a higher rating. His residuals of a fistulectomy and hemorrhoidectomy were rated as impairment of sphincter control under Diagnostic Code 7335.
- Claimed conditions
- Bilateral Inguinal Hernia, Residuals of Fistulectomy and Hemorrhoidectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2004
- Citation
- 0434015
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0434015.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted a disability rating of 40 percent for the Veteran's bilateral inguinal hernia disability, effective from the date of the appeal. The maximum schedular rating under DC 7338 is assigned.
- Remanded (sent back)
The Veteran's claims for increased evaluations for anxiety disorder and bilateral inguinal hernia are being remanded due to inadequate medical opinions regarding the severity of his conditions throughout the appeal period.
- Remanded (sent back)
The Board has determined that the claims for increased ratings and service connection are inextricably intertwined with the appellant's request to substitute as a claimant. The AOJ must address these issues, including obtaining updated VA treatment records and addressing the February 2014 VA examiner's qualifications.
- Dismissed
The Veteran's appeals for TDIU, a temporary total rating for convalescence based on bilateral inguinal hernia surgery, and an initial rating in excess of 30 percent for depressive disorder have been dismissed as the Veteran opted into the Appeals Modernization Act (AMA) system.
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