HERNIA INGUINAL

Summary

The veteran, who served from November 1989 to June 1990, January 1993 to January 2004, and January 2012 to November 2012, appeals the denial of a compensable disability rating for his service-connected right inguinal hernia repair. The veteran's hernia was rated as noncompensable under Diagnostic Code 7338 prior to the regulatory amendment in May 2024. The August 2020 VA examination found no hernias upon examination, no need for a supporting belt, and no impact on the veteran's ability to work. The veteran's spouse submitted a statement in February 2025 detailing pain and its impact on daily life, and the veteran testified at a February 2025 Board hearing about pain and potential nerve involvement. Medical records from February 2025 noted pain and a provider's recommendation for a CT scan due to possible recurrence, though no hernia was detected on physical exam. The Board denied a compensable rating, finding that the evidence did not meet the criteria for a higher rating. The Board noted that pain alone is generally not compensable for hernias under 38 C.F.R. § 4.59, and the veteran's self-diagnosis of nerve involvement was not supported by medical evidence. The Board encouraged the veteran to file a supplemental claim if he has new evidence or a diagnosis of nerve pain.

Rationale

VA examination found no hernias and no need for a supporting belt.; Veteran's reports of pain alone do not warrant a compensable evaluation.; 38 C.F.R. § 4.59 is inapplicable as hernia does not impact a joint.

Full Decision Text

Citation Nr: A26038380
Decision Date: 04/23/26	Archive Date: 04/23/26

DOCKET NO. 210621-167157
DATE: April 23, 2026

ORDER

A compensable rating for right inguinal hernia repair is denied.

FINDING OF FACT

The Veteran's right inguinal hernia causes pain, but he has not experienced a recurrent hernia that requires a supporting belt.

CONCLUSION OF LAW

The criteria for a compensable rating for right inguinal hernia repair have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.7, 4.114, Diagnostic Code (DC) 7338.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1989 to June 1990, January 1993 to January 2004 and from January 2012 to November 2012.

In the June 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on February 3, 2025. Therefore, the Board may only consider the evidence of record at the time of the August 2020 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision, which was subsequently subject to higher-level review and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

A compensable rating for right inguinal hernia repair

The Veteran asserts entitlement to a compensable disability rating for his service-connected right inguinal hernia.

The Veteran's right inguinal hernia has been rated as noncompensable under DC 7338.  DC 7338 was amended effective May 19, 2024, however, this occurred after the period on appeal which ended in August 20220. As such, those regulatory changes are inapplicable to this claim.

Prior to May 19, 2024, under Diagnostic Code 7338 (Inguinal Hernia), a noncompensable evaluation is warranted for a small reducible inguinal hernia; for one that is without true hernia protrusion; and, for any preoperative inguinal hernia that is remediable. A 10 percent evaluation is appropriate for a recurrent postoperative hernia that is readily reducible and well supported by a truss or belt. A 30 percent evaluation is warranted for a small recurrent postoperative hernia, or an un-operated irremediable hernia, that is not well supported by truss, or is not readily reducible. A 60 percent evaluation is appropriate for a large postoperative recurrent hernia that is considered inoperable, that is not well supported under ordinary conditions, and that is not readily reducible. When there are bilateral inguinal hernias and both are compensable, the more severely disabling hernia is evaluated, and 10 percent is added for the second hernia. 38 C.F.R. § 4.114, Diagnostic Code 7338.

The Veteran underwent a VA examination in August 2020. The VA examiner indicated that the Veteran had a right inguinal hernia repair in 1994. Upon examination, there were no hernias detected. There was no indication a supporting belt was needed. No further physical findings, conditions, signs, or symptoms pertaining to the Veteran's right inguinal hernia were recorded, to include any scars. The VA examiner reported that the Veteran's hernia does not impact his ability to work. The examiner found that there was no change in the diagnosis and no additional diagnoses were rendered.

The Veteran's spouse submitted a statement in February
 second hernia. 38 C.F.R. § 4.114, Diagnostic Code 7338.

The Veteran underwent a VA examination in August 2020. The VA examiner indicated that the Veteran had a right inguinal hernia repair in 1994. Upon examination, there were no hernias detected. There was no indication a supporting belt was needed. No further physical findings, conditions, signs, or symptoms pertaining to the Veteran's right inguinal hernia were recorded, to include any scars. The VA examiner reported that the Veteran's hernia does not impact his ability to work. The examiner found that there was no change in the diagnosis and no additional diagnoses were rendered.

The Veteran's spouse submitted a statement in February 2025, stating that the right inguinal hernia pain has impacted their daily life as a family, and his condition has worsened since she has known him. She stated he complains of a sharp needle-like pain when taking off his work belt or when he attempts to do sit ups, crunches or stretching. She noted the added weight puts pressure on his groin and has affected their intimacy due to sharp pain. He stopped running and dancing due to the pain. His condition also affects his emotional well-being, due to his physical limitations. 

At the February 2025 Board hearing, the Veteran reported that he has needle-like pain on his right side. He testified that his provider, Dr. C., told him that he could have a pinched nerve due to the surgery that can cause pain. The Veteran reported that he wears a duty belt for work, that can help, but it can also aggravate his condition due to weight gain. He also sometimes wears a belt for lifting weights.

In February 2025, medical treatment records show the Veteran complained of pain in the right side, with stabbing needle-like pain since his surgery. The provider, Dr. C., recommended getting a CT scan, and stated there may be a recurrence, but, did not feel a hernia on physical examination. There was no mention of a pinched nerve from the right hernia surgery.

Based upon the foregoing, a compensable rating for the Veteran's right hernia is not warranted. At the August 2020 VA examination, the examiner did not detect any hernias upon examination and indicated that a supporting truss or belt was not needed. At the Board hearing, the Veteran indicated that he does not wear a belt to support his hernia, and his only symptom was pain. The Board acknowledges the Veteran's reports of pain and its effects on his daily life; however, his reports of pain alone do not warrant a compensable evaluation. While pain alone may be compensable for certain disabilities, such ratings are derived from the application of 38 C.F.R. § 4.59 and apply only to orthopedic disabilities as the regulation limits its application to pain from impairment of joints. A hernia does not impact a joint, and therefore 38 C.F.R. § 4.59 is inapplicable in this matter.

The Veteran indicated that his pain may be due to nerve involvement, however, the medical evidence of record does not show any supporting diagnoses, and it was not mentioned by his providers. While the Veteran is competent to report experiencing right side pain, he is not competent to determine that these symptoms were manifestations of nerve involvement due to his right hernia surgery.  The issue is medically complex, as it requires interpretation of complicated diagnostic medical imaging.  Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007).

To the extent the Veteran his diagnosed with nerve pain from his hernia surgery, he is encouraged to file a supplemental claim.  Moreover, the revised regulations that are currently in effect may be more responsive to the Veteran's service connected disability, further supporting the filing of a supplemental appeal.  

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Here, the schedular rating criteria for evaluating hernia residuals simply do not provide for a compensable rating under the circumstances presented by the Veteran. Accordingly, a compensable rating for right inguinal hernia repair is denied.

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jaigirdar, B.

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.