I have a question, if anyone here can assist. Have any of you been awarded a compensable rating (at least 20%) for a ventral (abdominal) hernia, even though you were never formally prescribed a belt/truss?
The reason I'm asking is the VA is interpreting DC 7339 (ventral hernia) at the 20% disability level as requiring a prescription for a belt. However, the rating criteria doesn't state that a prescribed belt is required - what it does say is that the need for a belt is "indicated." What is the legal definition of "indicated?" Usually, when the VA requires something of this nature, it clearly says so. Also, I found a Board appeal where the veteran was awarded 20%, but clearly stated during a Board hearing that he didn't wear a belt. His appeal for an increase to 40% was denied, but the Board let him keep his 20%. This rating hadn't reached the 20 year mark, either.
Thanks for any additional information you may be able to give.
Hopefully this goes here.
This is the response from my request for records. Mind you, I gave them specific dates-time frame- and locations. Is this typical? My husband was in the hospital for 2 weeks. I find it hard to believe there are no records.
Congrats on your award. I was hoping you can tell me the case laws that you used to back up your claim and where can I find them. I was previously denied and I would like to have that backing when I submitt my appeal. Thanks