Hip decisions — 2007

The Board has denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his right hip disability, finding that he does not meet the schedular requirements for such a rating.

The Board has determined that the veteran is entitled to a TDIU due to his service-connected disabilities, as his combined rating of 80% meets the schedular requirements for consideration. The evidence supports his claim with conflicting opinions from a VA vocational rehabilitation counselor and a September 2005 VA examiner.

The Board found no current disability for anxiety disorder with insomnia, chronic left hip disability, or low back disability. Therefore, service connection was denied.

The Board denied service connection for lumbar spine arthritis, numbness of the feet, and right hip disability as there was no evidence of a disease or injury in service that led to these conditions.

The Board denied the veteran's claims for service connection for left eye, left knee, and left hip disabilities due to lack of new and material evidence. The veteran's current conditions were not related to his military service.

The Board found that the veteran's current left hip disability was not incurred in or aggravated by active service and denied his claim for service connection.

The veteran's right foot drop, low back disability, right hip disability, and left knee disability are not deemed to be the result of VA carelessness, negligence, or similar fault. The Board finds that these disabilities were not caused by VA medical treatment.

The veteran's appeal is being remanded for further development, including examinations and additional medical opinions to determine the etiology of his claimed back and hip disabilities.

The Board has ordered a remand to obtain an orthopedic examination and determine if the veteran's current back and hip disabilities are related to his military service.

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

The Board has determined that the veteran's right hip disability is etiologically related to his service-connected right ankle disability, and thus grants service connection for this condition.

The Board found that the veteran does not have a hip disability attributable to his active military service and no relationship has been established between his hip disability and his service-connected shrapnel wound residuals of the low back.

The veteran's lumbar disc disease is rated at 60 percent, the highest available rating under current regulations.,Service connection has been granted for cervical spine disability and depression as secondary to back disability.

The Board has remanded the case for further development and a videoconference hearing.

The veteran's claim for service connection for residuals of a shrapnel wound to the right eye is granted. The claims for increased ratings for cervical, thoracic, and lumbar spine injuries are dismissed due to withdrawal by the appellant. The left hip disability and bilateral carpal tunnel syndrome claims are remanded for further development.

The Board denied service connection for peripheral neuropathy of the upper and lower extremities, lesions on the scalp and forearm, and a hip disability. The claim for PTSD was granted with a 50 percent rating effective May 8, 2003. Service connection for a neurofibroma of the right knee is not currently in dispute.

The Board found that the veteran did not meet the schedular criteria for a TDIU prior to August 4, 1999 and denied his claim for an earlier effective date.

The veteran's case is being remanded to schedule a travel Board hearing. The issues include seeking higher ratings for his right knee disability and reopening service connection claims for related disabilities.

The Board denied the veteran's claim for an earlier effective date of June 25, 2002 for grants of service connection for onychomycosis, tinnitus, and disabilities of the right shoulder, lumbar spine, and right hip. The evidence did not support a finding that VA mishandled his pre-separation claims or that he filed an informal claim prior to June 25, 2002.

The Board has granted the veteran's claims for service connection for a right hip condition and PTSD, as well as her claim to reopen previously denied claims. The veteran's brain lesion is now rated at zero percent due to resolution of the disability. Service connection for multiple sclerosis or a disability manifested by right-sided numbness was not established, but benign positional vertigo incurred during active service is granted.