The Board found that the March 1970 rating decision denying service connection for a left hip disorder did not contain clear and unmistakable error. The veteran's right hip disorder was not incurred in or aggravated by active service, may not be presumed to have been incurred during such service, and was not proximately due to, the result of or aggravated by another service-connected disability.
The deciding factor: The March 1970 rating decision did not contain clear and unmistakable error as it correctly applied the then-existing regulations regarding preexisting conditions and secondary service connection.
- Claimed conditions
- Left Hip Disorder, Right Hip Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2004
- Citation
- 0432077
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0432077.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims of service connection for right and left hip disorders due to a pre-decisional error in obtaining an adequate nexus opinion prior to the June 2021 rating decision.
- Remanded (sent back)
The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's claimed conditions, particularly regarding his shoulder disorders and nasal surgeries. The claims for service connection have been remanded.
- Remanded (sent back)
The Board has denied service connection for a left hip disorder and hearing loss, but has remanded the claim for COPD due to potential errors in the decision-making process.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for right hip disorder, joint pain disorder, and right shoulder disorder due to inadequate VA examinations. The Board finds that the VA examinations are insufficient in addressing the Veteran's reported symptoms of continuous pain since service.
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