Hip decisions — 2023

The Board has granted the Veteran's petition to reopen his claim for service connection for a right hip disability and has determined that it is secondary to his service-connected low back disability. The decision also grants service connection for this condition.

The Board has decided to remand the Veteran's claims for service connection due to new evidence and additional development, including obtaining VA treatment records from his 1993 surgery and providing addendum opinions on the etiology of his hip conditions.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various disabilities, including left hip disability, left eye condition (other than ocular migraines), restless leg syndrome, residuals of esophageal diverticulum, skin disability to include psoriasis, tinea pedis and tinea corporis, and sleep apnea. The Board has found the VA medical opinions inadequate and remanded for further development.

The Board has remanded the Veteran's claims for service connection for bilateral elbow, back, bilateral hip, and headache disabilities due to a pre-decisional duty to assist error. The VA examiner is required to provide an opinion on the etiology of these conditions.

The Board has remanded the Veteran's claims for service connection for a left hip disability and an increased rating for service-connected chronic headaches due to incomplete records and the need for further medical examination.

The Veteran's appeal for service connection for a left hip disability, to include as secondary to a left knee disability, is dismissed. The Board also remanded the issue of service connection for a heart disorder due to chemical gas exposure and/or a left knee disability.

The Veteran's cervical spine, left knee, right hand, bilateral pes planus, bilateral plantar fasciitis, and left hip disabilities were not found to be related to service or secondary to a service-connected condition. The right ankle disability was denied as the rating did not meet criteria for ankylosis.

The Board has remanded the Veteran's claims of service connection for cervical spine, left hip, and right hip disabilities due to inadequate opinions from previous VA examiners. The new opinions must address both direct service connection and secondary service connection theories.

The Veteran withdrew his appeals for the issues of entitlement to service connection for a right shoulder disability, erectile dysfunction, a right hip disability, and migraines.

The Board has remanded the Veteran's claims for service connection for right and left hip disabilities, which are secondary to his service-connected lumbar spine disability. The case requires an addendum opinion from a VA examiner to address whether the hip disabilities were caused or aggravated by the lumbar spine disability.

The Veteran's claim for a 10 percent disability rating for his service-connected left foot keloid was granted. The right hip disability issue is being remanded due to inadequate medical opinion.

The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied as there is no legal basis for such.,Service connection for gum disease was denied because it does not constitute a compensable disability for VA compensation purposes.,Claims for total disability ratings due to hospital treatment or observation and convalescence have been denied due to lack of evidence supporting the required periods of hospitalization or convalescence.,Spousal aid and attendance prior to October 22, 2018 was denied as there is no evidence that the Veteran's ex-spouse needed regular aid and attendance.,Service connection for peripheral vestibular disease (PVD) has been remanded due to a conclusory opinion from the VA examiner.,Claims for bilateral hearing loss have been remanded as the Veteran alleges worsening since his last examination in October 2017.,Claims for various ankle, elbow, hip, knee, and shoulder conditions have all been remanded.

The Board has granted the Veteran's application to reopen his claim for service connection for an acquired psychiatric disability. The claims for bilateral hearing loss, tinnitus, neck disability, low back disability, right hip disability, heart disability, and residuals of strokes are remanded for additional development.

The Board denied service connection for various ankle, knee, hip, migraine, and eye conditions. The Veteran's current diagnoses were not related to his active service.,The VA examiner provided medical opinions stating that the Veteran's diagnosed conditions are more likely due to normal aging or unrelated to service.

The Veteran's claims for hearing loss, neck disability, left and right ankle disabilities, left and right hip disabilities, sleep disturbances, and mental disorder are all being remanded due to insufficient evidence of current disabilities or causation.

The Board has denied the Veteran's claims for service connection for left hip, right hip, and neck disabilities. The Veteran was not diagnosed with any of these conditions during his military service or post-service treatment records.,For PTSD, the Board found that the Veteran's symptoms did not meet the criteria for a higher rating than 50 percent prior to April 25, 2023, and 70 percent thereafter.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's right hip condition is related to his military service.

The Board has referred several claims to the AOJ for further development and final adjudication, including service connection for a right hip disability, hypertension, strokes secondary to hypertension, bilateral lower extremity swelling (edema), right ankle disability, and rating of a right knee disability in excess of 20 percent. The AOJ should address these issues promptly.

The Veteran's claim to reopen his service connection for a back condition is considered reopened. The issues of service connection for a right hip disability, temporary total evaluations based on surgical or other treatment necessitating convalescence and hospital treatment in excess of 21 days, and additional benefits based on special monthly compensation are remanded.

The Board has decided to remand the Veteran's claims for a right hip condition and initial increased ratings for service-connected residuals of right great toe fracture due to additional evidence being associated with her case.