The Veteran's appeal is being remanded for additional development, including a new examination to determine the nature and etiology of his 2002 hernia repair. The Board will consider whether service connection can be granted based on aggravation.
The deciding factor: A new examination is needed to address the issue of whether the Veteran's 1987 hernia repair was aggravated by service, leading to a need for additional surgery in 2002.
- Claimed conditions
- residuals of hernia repair
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2012
- Citation
- 1241224
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 1241224.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied increased ratings for cervical spine, thoracolumbar spine, and GERD disabilities and remanded claims for service connection of hypertension, diabetes mellitus, sleep apnea, residuals of hernia repair, double vision, deviated septum, temporomandibular pain syndrome (TPS), and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
All five issues were remanded for additional development. The Board found prior VA medical opinions inadequate because they failed to address in-service diagnoses, applied incorrect legal standards, and dismissed competent lay statements without explanation.
- Remanded (sent back)
The Board has found that new and relevant evidence has been received, warranting readjudication of the claim for service connection for residuals of hernia repair. The appeal is granted to this extent.
- Granted
The Veteran's service-connected disabilities have caused him to lose the use of both feet, qualifying him for financial assistance in purchasing an automobile and adaptive equipment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.