The Board denied the veteran's claims for service connection for a condition manifested by pain in the right hip, right leg, and low back, as well as hypertension. The decision found that the presumption of soundness was rebutted due to pre-existing shortening of the right leg at entry into service, and there was no evidence of aggravation during service or post-service.
The deciding factor: The Board determined that the veteran's right leg condition did not undergo an increase in severity during service and found no clear and unmistakable evidence of aggravation. The Board also concluded that hypertension either had its onset prior to service or preexisted service and was not permanently worsened therein.
- Claimed conditions
- Manifested by pain in the right hip, right leg, and low back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2006
- Citation
- 0600542
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.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remanded the case to obtain additional medical opinions regarding the Veteran's right leg, right hip, and back conditions, including right leg length discrepancy. The Board found that the VA has met its duty to assist the Veteran in obtaining necessary records.
- Granted
The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and he is granted a total disability rating based on individual unemployability (TDIU) effective May 11, 2012.
- Denied
The Board denied the veteran's claim for service connection for a right leg and knee disability, as there was no evidence of a chronic condition following his separation from service.
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