Hip decisions — 2009

The Board has determined that the Veteran's low back disability is proximately due to or the result of his service-connected left hip disability. For the period beginning on June 16, 2006, the criteria for a rating of 70 percent have been met for his left hip disability.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for various disabilities, including bilateral lower extremity numbness, a lymph node condition, a hip disability and a low back disability, all as a result of in-service surgical treatment at the San Diego Naval Hospital sometime in 1947, 1948 or 1949. The Board has determined that further examination is needed to determine if these conditions are related to service.

The Board has determined that the Veteran's bilateral hip and knee conditions are not related to his military service or a service-connected disability, leading to denial of both claims.

The Veteran's appeal involves staged ratings for his service-connected left hip disability, right hip disability, and lumbosacral strain with degenerative changes. The RO must remand the case to ensure proper development of the claims file and provide the Veteran with VCAA compliant notice.

The Board has determined that service connection is warranted for a right elbow disorder and nonallergic rhinitis (sinus disorder), but not for the claimed bilateral knee disorders, cervical spine disorder, lumbosacral spine disorder, left hip ganglion cyst, left foot disorder, right ankle disorder, head concussion injury residuals, or vertigo.

The Veteran is seeking service connection for various lower extremity disabilities, including hips, knees and feet, that he claims are secondary to his service-connected low back disability. The Board finds the case requires additional development as there is conflicting medical evidence and a need for further examination.

The Board denied the Veteran's claims for service connection for left knee, low back, and bilateral hip disabilities. The right knee disability claim was also denied. The acquired psychiatric disability (depression) claim is addressed in the REMAND portion of this decision.

The Veteran's claims for service connection for right knee and left hip disabilities, as well as his claims under the provisions of 38 U.S.C.A. § 1151 for ulcers and internal bleeding and anemia, were denied due to lack of evidence showing a nexus between these conditions and service.

The Veteran's appeal for a rating in excess of 40 percent for right hip avascular necrosis has been withdrawn. The issues of service connection for left hip disability and whether new and material evidence has been received to reopen the claim of entitlement to service connection for left knee disability are remanded.

The Board found that the Veteran's left hip disability was not incurred in or aggravated by service and denied his claim for service connection, as it is secondary to a pre-existing femur fracture.

The Veteran's appeal is being remanded for additional development, including a VA examination and readjudication of her claims.

The Board denied the Veteran's claims for service connection for bilateral hip and knee disabilities as secondary to his service-connected back disability. The claim for compensation under 38 U.S.C.A. § 1151 due to right inguinal hernia repair was also denied.

The Board is remanding the case to the RO for further development and readjudication, including scheduling a VA examination and issuing a supplemental statement of the case.

The Board has restored service connection for left knee, left hip, and lumbar spine disabilities due to the VA examiner's opinion that these conditions are not related to the Veteran's service-connected left ankle disability. The claim for psychiatric disability was reopened based on new evidence suggesting a possible relationship between the Veteran's psychiatric condition and his service-connected disabilities.

Secondary service connection is granted for the Veteran's low back strain and 10 percent of his bilateral hip disability. A rating in excess of 30 percent for GERD is denied.

The Veteran's appeal is denied as his service-connected conditions do not warrant a higher rating.

The Board denied service connection for a right hip disability, left hip disability, and back disability (L4-5 disc herniation with surgery) due to lack of evidence showing these conditions were incurred or aggravated during active duty or ACDUTRA.

The Veteran's left hip disability is rated as noncompensable, and his bilateral hearing loss is also rated as noncompensable. The Board found that the evidence did not support higher ratings for either condition.

The Board has determined that the Veteran's bilateral ankle disability is likely due to his service, but there is no evidence of a separate and distinct bilateral hip disability. The decision grants service connection for the ankle disability.

The Board has determined that additional development is needed to address the merits of the Veteran's claims for service connection for left hip and right knee conditions secondary to his service-connected low back disability. The appeal is REMANDED to obtain VA treatment records, private medical records, and an addendum to the August 2006 joints examination.