The Veteran's post-operative right inguinal hernia has not been shown to be recurrent. The most probative evidence of record reflects that for the period on appeal the Veteran has been shown to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.,The Veteran is already in receipt of a separate 10 percent rating under Diagnostic Code 7802 for his residual, scar post-operative right inguinal hernia. A higher rating under Diagnostic Code 7802 is not warranted.,The Veteran's combined evaluation exceeded 40 percent from March 23, 2007, and he meets the schedular requirements for entitlement to a TDIU.
The deciding factor: The evidence does not indicate that the Veteran has a post-operative recurrent right inguinal hernia.,A higher rating under Diagnostic Code 7802 is not warranted as there are no three or more scars that are unstable or painful, or have other disabling effects.,The combined evaluation exceeded 40 percent from March 23, 2007, and the Veteran meets the schedular requirements for entitlement to a TDIU.
- Claimed conditions
- Post-operative residuals of a right inguinal hernia, Fracture of the right distal fibula, Psychological factors affecting physical condition, Traumatic arthritis of the lumbar spine, Residuals of fracture of the right distal fibula, Loss of erectile power, Right lower extremity radiculopathy, Arthritis of the right hip, Hypertension, Arthritis of the thoracic spine, Degenerative disc disease with chronic neck pain, Right medical meniscectomy, Hiatal hernia, Residual scar from right inguinal herniorrhaphy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 24, 2020
- Citation
- 20028992
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 20028992.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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