Hip decisions — 2011

The Board has granted service connection for a back disability, bilateral hip disability, and chronic headaches based on the medical evidence that these conditions are related to injuries sustained in service.

The Board granted a disability rating of 70 percent for the Veteran's left hip disability, effective from March 10, 2009. The right hip pain was rated as analogous to an impairment of the femur under Diagnostic Code 5255. TDIU was also granted.

The Board denied the Veteran's claims for service connection for various conditions, including a right hip and knee disability, psychiatric disabilities (including PTSD), sexual dysfunction, gastrointestinal disorder, and hemorrhoids. The decision found that these conditions were not related to his military service.

The Veteran's claims for right hip and ankle disabilities, as well as other service-connected conditions, were denied. The Board found no current disability of the right or left ankles.

The Board has remanded the case for additional development to address the presumption of soundness and to obtain records from active duty after 1980. The Veteran's service dates are unclear, and she may have had active duty or active duty for training in November 1990 and April 1993.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was previously rated at 10 percent for osteoarthritis of the left hip prior to November 14, 2007, and since January 1, 2009, he is rated at 30 percent for his service-connected left hip disability (status post total left hip replacement). The Board found that these ratings were appropriate based on the evidence provided.

The Veteran's right hip disability, characterized by limited flexion and stiffness, does not meet the criteria for a higher initial rating than 10 percent.

The Board has decided to remand the case due to incomplete records and needs to obtain additional information from various sources, including SSA records and service treatment/personnel records for different National Guard units.

The Board has determined that additional development is necessary before the Veteran's claim may be decided. The case is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, D.C.

The Veteran's TDIU claim is being remanded for additional development, including obtaining updated VA treatment records and SSA documents, as well as any VA vocational rehabilitation folder. The Veteran will also be provided an updated VA medical examination to assess the impact of his service-connected disabilities on his employability.

The Board has remanded the case due to inadequate examination and new evidence, requiring further development.

The Veteran's service treatment records do not show any recorded evidence of complaints, treatment, or diagnoses for the claimed conditions. The Board finds that the preponderance of the evidence is against the claims of service connection for neurological disability of the lower extremities, bladder disability, enlarged prostate, diverticulitis, and hip disability.

The Veteran's knee disabilities have been rated as noncompensable under the applicable rating criteria. The Board finds that a separate compensable rating for right knee instability is not warranted, and no additional ratings are assigned.,Service connection for right hip disability has been denied as secondary to service-connected knee disabilities.

The Veteran's claims for service connection for bilateral defective hearing, right hip disability, and degenerative disc disease of the lumbar spine have been denied as there is no competent evidence showing current disabilities related to service.

The Veteran's lumbosacral strain with degenerative disc disease and limitation of motion is rated at 40 percent, which is the maximum schedular rating available. The right and left knee disabilities are each rated at 10 percent for arthritis and limitation of motion.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a left knee disability. The claims of entitlement to service connection for back and bilateral hip disabilities are remanded due to their inextricably intertwined nature with the reopened left knee disability claim.

The Veteran's claims for service connection for bilateral ankle, hip, and low back disabilities as secondary to his service-connected bilateral pes planus have been denied.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of the Veteran's bilateral hip disability.

The Veteran's service-connected disabilities cause her to be in need of regular aid and attendance of another person, as evidenced by her limited mobility, inability to dress or bathe herself without assistance, and frequent need for adjustment of special prosthetic appliances. The Board finds that she meets the criteria for SMC based on the need for regular aid and attendance.

The Board has granted service connection for a low back disorder. The Veteran is also presumed to have incurred other conditions within one year of his separation from active duty.