The Veteran's appeal to reopen his claim of entitlement to service connection for a left inguinal hernia is remanded due to an error in docketing the appeal under the VA Appeals Modernization Act (AMA). The Board finds that waiver of the requirement of a specific form for filing a notice of disagreement must be waived.
The deciding factor: The Veteran's appeal was improperly docketed as an AMA appeal, leading him to believe he had completed the necessary steps. As a result, the Board finds waiver of the specific form requirement is warranted.
- Claimed conditions
- left inguinal hernia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2023
- Citation
- 23063246
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 23063246.
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.
- Granted
The Veteran's low back disability, right knee disability, bilateral hallux valgus with degenerative joint disease, bilateral shin splints (tingling of the bilateral lower extremities), tinea versicolor, migraines, and left shoulder disability are all found to have onset during his period of service from July 1996 to July 2008. As a result, these conditions are granted as service-connected.,The Veteran's left inguinal hernia is not considered due to lack of current diagnosis or functional impairment.
- Remanded (sent back)
The Board has determined that the VA examinations are inadequate for rating both the hernia and scar conditions, and thus remands these issues to obtain a new examination.
- Granted
The Veteran's left inguinal hernia scars are currently rated at a noncompensable level, but the Board has granted a 20 percent rating for painful scars under Diagnostic Code 7804. The decision also notes that there is no evidence of instability or additional pain contributing to an even higher rating.
- Denied
The Veteran's left inguinal hernia is not rated compensable due to lack of functional impairment equivalent to postoperative hernia recurrent, readily reducible, and well supported by truss or belt.,The Veteran's tinea pedis with onychomycosis is rated 10 percent as it covers less than five percent of the total body area.
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