Hip decisions — 2001

The veteran's service-connected low back disability is rated at 60 percent effective from August 1, 1992. The RO granted a 40 percent evaluation for the low back disability as of September 21, 1990 and awarded TDIU benefits.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection of a right hip disability. The veteran's left hip surgery is granted under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims of service connection for bilateral hip disability and an increased rating for chronic low back strain, finding no current hip disability and concluding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of left hip surgery performed at a VA facility and also determined that new and material evidence had not been submitted to reopen his service connection claim for a back disorder.

The Board found that the evidence submitted after the February 1992 rating decision was not new and material, thus denying the veteran's request to reopen his claim of entitlement to service connection for a chronic left hip condition.

The Board has denied the veteran's claims for service connection for right hip, left knee, and low back disorders as not well grounded. The RO also increased the evaluation for post-concussion syndrome with post traumatic migraine headaches and memory loss to 30 percent.

The Board denied service connection for headaches, granted service connection for a low back disability with a 10 percent rating, right hip disability with a 10 percent rating, and right knee disability with a 10 percent rating. The veteran's claim for compensable initial ratings for decreased visual acuity and dry eye on the right was not addressed in this decision.

The Board has determined that the veteran's left knee disability warrants a 10 percent evaluation, his bilateral hip disability is not service-connected, and his right knee disability claim can be reopened with new evidence. The decision also notes ongoing treatment for both knees and hips.

The Board has remanded the case for further development and review, including obtaining additional medical records and scheduling a VA examination. The veteran's claims of service connection for diabetes mellitus, left knee disability, and bilateral hip disability are also being reviewed.

The Board has determined that the veteran does not have a current disability for which service connection can be granted in relation to his claims, and thus denied all of the service connection claims.

The Board denied the reopening of the claim for service connection for a left hip disability due to lack of new and material evidence.

The Board denied the veteran's claims for increased ratings and secondary service connection, finding no evidence of instability or significant functional impairment beyond what is contemplated by a 20% rating.