Hip decisions — 2022

The Board has remanded the claims for service connection for right hip, left hip, and left shoulder disabilities due to deficiencies in the VA examinations. The Veteran's current hip and shoulder conditions are not found to be causally related or aggravated by his service-connected bilateral knee, right ankle, and/or low back disabilities.

The Veteran's claims for service connection for a nerve disorder and an increased rating for the left hip disability are dismissed due to withdrawal. The claim of service connection for TBI is denied as there is no evidence of a diagnosed condition. Service connection for shoulder and wrist disorders is also denied.,The Veteran's claim for an increased rating for his left hip disability is dismissed due to withdrawal. His claim for service connection for TBI remains pending, but the Board finds that he does not have a current diagnosis of TBI. The claims for service connection for shoulder and wrist disorders are also denied.,The Veteran's claim for service connection for erectile dysfunction is remanded as there is insufficient evidence on file to determine its etiology.

The Board denied the Veteran's claims for service connection for left shoulder, left hip, left knee disabilities and hypertension as there was no evidence of a current disability related to active duty service.

The Board has denied the Veteran's claims for service connection for left knee arthritis, right knee arthritis, and lumbar spine arthritis as secondary to his service-connected left hip disability.

The Board has remanded the Veteran's claims for service connection for right shoulder disability, bilateral hip disability, low back disability, and bilateral knee disability due to lack of compliance with previous directives.

The Veteran's claims for left hip, right hip, bilateral hearing loss, tinnitus, and left foot disabilities are all denied as there is no evidence of a current disability or a link to service.,There is no indication in the record that the Veteran has any current hip, hearing loss, tinnitus, or foot disabilities at any time during the appeal period.

The Board has remanded the claims for service connection for back, right hip, and left knee disabilities due to new evidence received since the last final decisions.,A claim for toenail fungus on the right foot is also being remanded.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development of evidence, including obtaining private treatment records and VA treatment records.

The Veteran's injuries were not caused by VA medical care, and therefore his claim for compensation under 38 U.S.C. § 1151 is denied.

The Board has determined that new and relevant evidence supports the reopening of the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a slip and fall at a VA medical facility, resulting in additional disability. The Board found that there was no fault on the part of VA, but concluded that the carelessness or negligence of VA personnel proximately caused the Veteran's hip disability.

The Veteran's back disability is rated at 40 percent effective December 13, 2011. A rating in excess of 40 percent for the period prior to December 11, 2019, was dismissed. The Veteran's right lower extremity neuropathy has been granted a 20 percent rating since September 24, 2020. Service connection for bilateral pes planus is denied as it did not occur within one year of service. Chronic sinusitis and right ear hearing loss are presumed to be related to military service. The Veteran's left hip, right hip, left knee, right knee, and left ankle disabilities were all denied. Bronchitis was granted effective August 10, 2022 (PACT Act). TDIU is granted effective November 20, 2012.

The Board has denied the Veteran's claims for service connection for hypertension, left hip disability, and a rating in excess of 0 percent for migraine headache. The evidence does not support finding that these conditions are related to service or caused by any service-connected disabilities.

The Veteran's sleep apnea is not service-connected as it did not begin during active service and there is no evidence of a nexus to an in-service injury or disease.,Service connection for irritable bowel syndrome (IBS) is granted as the disability was shown as chronic during a presumptive period and is not attributable to intercurrent causes.,The Veteran's hemorrhoids are not service-connected as he has not had them at any time during or approximate to the pendency of the claim.,Service connection for left knee disability, right knee disability, acid reflux disability, low back disability, left hip disability (secondary to a low back disability), and right hip disability (secondary to a low back disability) is remanded as there are inextricably intertwined issues with pes planus that need further clarification.,Service connection for pes planus is remanded as the examiner must provide an opinion on whether it was worsened beyond its natural progression during service.

The Board has remanded the Veteran's claims for service connection for right and left hip disabilities due to inadequate medical opinions in prior VA examinations.

The Board has determined that the development conducted does not comply with previous remands and requires additional medical opinions to address the Veteran's left knee and left hip disabilities. The case is being returned for further action.

The Board has decided to remand the case due to insufficient medical opinion regarding the nature and etiology of the Veteran's left hip disability, specifically whether it is related to VA-administered procedures or post-surgical physical therapy.

The Board denied service connection for left and right hip disabilities, finding that the evidence did not support a link between these conditions and active service.,It also denied increased ratings for bilateral knee disabilities, stating that there was no functional limitation of motion in either knee that warranted an increase beyond 10 percent.

The Board has remanded the claims for residuals of left wrist ganglion cyst, left and right foot disabilities, bilateral shin splints, bilateral knee strain, and bilateral hip sprain due to lack of clear and unmistakable aggravation by service. The Veteran's other service connection claims are also remanded.

The Veteran's lumbar spine disability is granted as service connected.,Service connection for left shoulder internal derangement and left ankle degenerative arthritis are remanded due to the need for additional development of evidence.,Service connection for right hip disability and left hip disability are remanded due to the need for additional development of evidence.

The Board has granted service connection for a back disability and a right hip disability, finding that the evidence is in approximate balance regarding whether these conditions were incurred or aggravated during periods of active duty training (ADT) while the Veteran was on active duty.