Hip decisions — 2023

The Veteran's service connection claim for degenerative disc disease of the lumbosacral spine is granted as it is secondary to a fall during active duty. The claims for left ear hearing loss, chronic headaches, chronic sinusitis, irritable bowel syndrome (IBS), dysentery, left elbow disability, middle back disability, left hip disability, right hip disability, left foot disability, and right foot disability are denied.

The Board has remanded the issues of entitlement to service connection for right knee, left knee, right hip, and left hip disabilities due to inadequate opinions regarding whether these conditions are proximately due or aggravated by a service-connected lumbar spine disability.

The Veteran's service connection claim for migraine disorder is granted. The Board finds that the Veteran's current migraine disorder manifested from an injury during a period of ACDUTRA or INADUCTRA while in the Army Reserves from September 1981 to April 2000. Service connection is also granted for low back disability and left hip disability (trochanteric bursitis).

The Board has remanded the claims of service connection for right hip, left hip, right hand finger, and left hand finger disabilities due to lack of VA examinations. The Veteran is required to be provided with VA examinations to determine if his current hip and finger disabilities are related to service.

The Board denied the Veteran's claims of service connection for back disability, depression (secondary to a service-connected condition), right hip disability (secondary to a service-connected condition), and neck disability (secondary to a service-connected condition). The Board found that there was no evidence of any current disabilities related to service.

The Veteran's service-connected psychiatric disability and physical disabilities separately result in her requiring regular aid and attendance from another person, warranting a higher rate of special monthly compensation (SMC).

The Board has remanded the Veteran's claims for service connection for right and left hip disabilities due to insufficient evidence in the May 2018 VA examination. The examiner is requested to provide an addendum opinion addressing whether the Veteran's hip pain had its onset during her active service or within one year of separation.

The Board denied service connection for various spinal, hip, and knee conditions, finding that the current disabilities were not incurred or aggravated by service.

The Board has remanded the claims of service connection for low back, right hip, and left hip conditions due to insufficient examination findings and lack of addressing of obesity as an intermediate step between service-connected PTSD and these disabilities.

The Veteran's claims for osteoarthritis, left shoulder disability, and right shoulder disability have been dismissed as the Veteran withdrew his appeal prior to a Board decision. The claims of entitlement to service connection for left hip disability (secondary to low back disability) and right hip disability (secondary to low back disability) are remanded for further development.

The Board has remanded several issues including the evaluation for PTSD, a compensable evaluation for bilateral hearing loss, service connection for bilateral knee and hip conditions, and TDIU. The AOJ must review the newly added VA treatment records.

The Veteran's claims for service connection for bilateral foot and hip disabilities are being remanded due to the need for additional development. The Board finds that an addendum opinion is needed regarding the Veteran's bilateral foot disability, specifically addressing whether he had undiagnosed plantar fasciitis in service and if his current hip condition is more likely due to use and age rather than abnormal change in gait.

The Board has granted service connection for tinnitus and erectile dysfunction on a secondary basis, as the medications prescribed for these conditions are known to cause such side effects. The right knee disability, left knee disability, and left hip disability have been reopened due to new evidence supporting their existence during service.

The Veteran's tinnitus is granted as service connection due to the balance of evidence in favor of a current disability and an in-service injury. The Board finds reasonable doubt resolved in favor of the Veteran.,Service connection for right leg, left leg, right hip, left hip, and back disabilities are denied as there is no credible evidence of continuity of symptomatology since service or any link to service.,The Veteran's acquired psychiatric disorder and erectile dysfunction (secondary) are remanded due to lack of a VA examination.,Service connection for a respiratory disorder (including allergies and asthma) is remanded due to the need for a VA examination.

The Board has determined that additional development is needed to fully adjudicate the Veteran's claims, including obtaining SSA records and VA treatment records. The Veteran will be provided with VA examinations for his claimed disabilities.

The Veteran's service connection claims for vitiligo, allergic rhinitis, low back disability, left hip disability, gastroesophageal reflux disease (GERD), and migraines with nausea and dizziness are all denied. The Board has determined that the evidence is insufficient to establish service connection for these conditions.,The Veteran's claim for an initial rating in excess of 10 percent for allergic rhinitis is also denied. The evidence indicates that her allergic rhinitis manifested as allergic rhinitis without polyps, but with greater than 50 percent obstruction of the nasal passage on both sides.,Service connection claims for a low back disability and left hip disability are remanded. A VA examiner will be asked to determine whether it is clear and unmistakable that the Veteran's preexisting scoliosis was not aggravated beyond its natural progression by her active duty military service.,The Veteran's claim for gastroesophageal reflux disease (GERD) and migraines with nausea and dizziness are also remanded. A VA examiner will be asked to determine whether these conditions were incurred in, or related to, her active duty service.,PACT Act exposure is not applicable to any of the claims.,No rating assigned as all issues are currently denied.

The Board denied service connection for right hip, left hip, and right knee disabilities as well as thyroid disability (hypothyroidism).,The Veteran's symptoms did not meet the criteria for a 100% rating due to PTSD.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and his claim for TDIU is denied.

The Veteran's hip pain is being remanded for a VA examination to determine if it is proximately due to or aggravated by her service-connected bilateral foot disabilities.

The Board has denied service connection for low back, right hip, left hip, right knee, and left knee disabilities due to lack of evidence showing these conditions were incurred or aggravated by military service.