The Veteran's pre-existing ventral hernia was aggravated by a January 2009 nephrectomy, but the VA examiner concluded that this was not an additional disability due to surgery. The Board is remanding for further clarification on whether the hernia was aggravated or merely a post-operative complication.
The deciding factor: The VA addendum opinion did not adequately address whether the Veteran's pre-existing ventral hernia was aggravated by the January 2009 nephrectomy, as it only discussed post-operative complications and did not distinguish between aggravation and post-operative complications.
- Claimed conditions
- ventral hernia
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2016
- Citation
- 1609887
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 1609887.
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 Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.
- Granted
The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his back and associated radiculopathy disabilities, which require assistance with activities such as bathing, dressing, transferring, housekeeping, and meal preparation.
- Remanded (sent back)
The Board has remanded the claims for entitlement to compensable ratings for the service-connected spine and hernia disabilities due to inadequate VA examinations. The Veteran's bilateral hearing loss claim is denied as there is no current disability meeting VA standards.
- Granted
The Veteran's tinnitus and ventral hernia were granted service connection effective October 1, 2022.
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