The veteran's appeal is denied as his claim for a rating in excess of 30 percent for residuals of chip fracture, left hip, with traumatic arthritis was denied. His claims for service connection were also denied, but he was granted new and material evidence to reopen the claim for degenerative disc disease of the lumbar spine with left radiculopathy, status post laminectomy at L5, secondary to his service-connected left hip disorder.
The deciding factor: The Board found that there is equipoise in the medical evidence regarding whether the veteran's degenerative disc disease of the lumbar spine with left radiculopathy, status post laminectomy at L5, was proximately due to or the result of his service-connected left hip disorder. However, the cervical spine disorder, status post cervical discectomy with radiation to the left arm, is not shown to be related to his military service or to his service-connected left hip disorder.
- Claimed conditions
- Residuals of chip fracture, left hip, with traumatic arthritis, Degenerative disc disease of the lumbar spine with left radiculopathy, status post laminectomy at L5, Status post cervical discectomy with radiation to the left arm
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 7, 2005
- Citation
- 0524373
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 0524373.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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