Hip decisions — 2006

The Board found no evidence of a chronic left hip condition in service or within one year after discharge, and concluded that the current left hip disability is not related to military service.

The Board denied service connection for low back, bilateral hip, and bilateral knee disabilities as secondary to the veteran's service-connected ankle disability. The evidence did not show a direct relationship between these conditions and his military service.

The Board has dismissed the appeal due to a lack of timely substantive appeal regarding the December 1999 rating decision concerning an increased rating for a bilateral foot disability.

The Board has determined that there is no current evidence of a chronic low back or left hip disability, and thus service connection cannot be established for these conditions.

The Board finds that the preponderance of the evidence is against service connection for scars on the back and face, bilateral hip disability (to include as secondary to service-connected right knee disability), rheumatoid arthritis of the chest, and loss of teeth. The veteran's claims are denied.

The veteran's claims for increased ratings and service connection were denied. The highest rating the evidence supports is a 20 percent disability rating for partial rupture of muscle group XII (right anterior tibialis) and degenerative joint disease of the right knee, with no higher initial rating allowed due to the amputation rule.

The Board has denied the veteran's claims for service connection for bilateral pes planus, a left foot disability (including pes planus), and a right hip disability due to lack of evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for arthritis of the left foot, increased ratings for his left hip disability and dysthymic disorder. The veteran did not have a current diagnosis of arthritis in the left foot. His left hip disability was rated as 10 percent disabling since November 12, 2004, effective date of service connection. The Board found that he did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board has determined that the veteran does not have a diagnosed right hip disability and therefore, service connection for this condition is denied.

The Board denied the veteran's claims for service connection and increased rating, finding no evidence of a current disability or a link to military service.

The Board denied an earlier effective date for the increased rating of 10 percent for a hip disability, finding that the earliest medical evidence showing a factually ascertainable increase in disability is from January 14, 2004. The claim was denied as there is no earlier medical evidence to support an earlier effective date.

The Board denied the veteran's claims for service connection for hip and kidney disabilities, finding no evidence of a current disability or a nexus to service.

The Board found that the preponderance of the evidence did not support a finding that the veteran's left hip disability was related to his service or any service-connected conditions, including his service-connected residuals of a motor vehicle accident.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the issues of increased rating for bilateral flat feet, service connection for a hip condition secondary to flat feet, service connection for a back condition secondary to flat feet, and service connection for a leg condition secondary to flat feet.

The Board has determined that additional development is needed for the claims of service connection for a right hip disability, pes planus evaluation, and reopening of right eye and sinus disabilities. The case will be returned to the Board after this development.

The Board has remanded the case due to the need for new and material evidence in reopening a claim for service connection for a back condition, and issues related to a left hip condition secondary to the back condition. The veteran's claims are not yet ready for final decision.

The veteran's degenerative joint disease of the lumbar spine is found to be aggravated by his service-connected left ankle disability, and thus service connection for this condition is granted.

The Board has denied the veteran's claims for service connection and increased ratings, finding no current diagnosed hip condition. The left knee claim remains in appellate status due to a lack of a Statement of the Case.

The Board has determined that the veteran does not have a current neck, thoracic spine, lumbosacral spine, right knee, right shoulder, right hip, right calf, or right foot disability. The veteran's service-connected disabilities do not interfere with normal employment.

The Board has remanded the case for additional development, including VA examinations to obtain etiology opinions regarding the veteran's claimed back, hip and hearing loss disabilities. The veteran was not provided with proper VCAA notice.