Hip decisions — 2009

The Veteran's appeal is being remanded for a Travel Board hearing at the RO.

The Board found that the Veteran's current right hip disability is not related to his active service, and thus denied his claim for service connection.

The Board denied the Veteran's claims for service connection for left knee and left hip disabilities, as well as his claim for a total disability rating based on individual unemployability. The decision also addressed whether new and material evidence had been submitted to reopen the Veteran's previously denied claim of entitlement to service connection for kyphosis due to congenital Scheuermann's disease.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran does not meet the criteria for a higher rating for his tinnitus, as it is already at its maximum schedular evaluation of 10 percent. He also does not have separate ratings for each ear due to note (2) in Diagnostic Code 6260.

The Board has remanded the case for further development and consideration, including obtaining medical opinions regarding the Veteran's hepatitis C, back disability, left hip disability, and TDIU claims.

The Board denied the Veteran's claims for service connection for various disabilities, including a left ankle disability, neck disability, right hip and shoulder disabilities, PTSD, bilateral hand and hip disabilities, and low back disability. The decision also addressed other issues related to the Veteran's service-connected left knee disability.

The appeal has been withdrawn by the appellant.

The Board found that the Veteran's back and hip conditions are not related to his military service, as there is no evidence of such injuries during service. The current conditions are attributed to a workplace accident in 1983.

The Board has granted service connection for a hysterectomy and a hip disability, finding that new and material evidence was received to reopen the claims. The Veteran underwent a hysterectomy in service due to gynecological conditions and is now seeking service connection for this procedure. She also seeks service connection for bilateral hip disabilities, which were not previously considered by VA.

The Veteran's abdominal surgeries performed at VA resulted in incisional hernias, which are considered additional disability. Service connection is granted for these incisional hernias under the provisions of 38 U.S.C.A. § 1151. The Board finds no evidence to support service connection for right hip, left hip, or bilateral knee disabilities.

The Veteran's claims for service connection for left and right hip conditions, as well as diabetes mellitus, are being remanded due to incomplete records and the need for further medical examinations.

The Board has determined that the Veteran's right hip, leg, knee, ankle disabilities are service-connected and assigned a 10 percent disability rating for his service-connected right wrist fracture.

The Veteran's appeal is being remanded for additional development, including obtaining a statement of the case on his low back disability claim and scheduling VA examinations to assess the severity of his psychiatric condition, knee arthritis, hip disability, low back disability, and right shoulder disability. The examiner should also determine if these disabilities are related to service or not.

The Board has determined that the Veteran's claim for service connection for a bilateral hip disability, including as secondary to her service-connected cervical and lumbar spine disabilities, requires additional development. Specifically, she needs to provide updated VA and private treatment records, obtain an addendum from the VA examiner regarding the relationship between her hip disorder and her service-connected back disorders, and determine whether her hip disorder is caused or aggravated by her service-connected back conditions.

The Veteran's claim for service connection for a hip condition was denied as there is no current diagnosis of a hip disability.

The Board found no current diagnosis of a left hip disability and denied the Veteran's claim for service connection.

The Board has granted service connection for a bilateral foot disability, finding that new and material evidence was received to reopen the claim. The Veteran's current bilateral foot disability is at least as likely as not related to his in-service treatment. Service connection for knee, hip, and low back disabilities are also granted as secondary to the bilateral foot disability.

The Veteran's claims for service connection for right wrist, cervical spine, left hip, and lumbar spine disabilities are denied. The issues of service connection for headaches (secondary to a cervical spine disability) and temporomandibular joint disorder remain pending.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of records.

The Board found that the Veteran's low back disability was a congenital/developmental defect pre-existing service, and thus rebutted the presumption of soundness on entry. The examiner opined that the current spondylolysis with L5-S1 spondylolisthesis is congenital/developmental (and was recognized prior to service). As such, the Veteran's low back disability is not service-connected. For his right hip disability, there is no evidence of a chronic condition during service or post-service, and thus it cannot be service-connected.