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Denied

The veteran's appeal for a higher rating for his left hip disability was denied, and the claim for an earlier effective date for total unemployability benefits was also denied. The Board found that there is no evidence of malunion or other impairment warranting a higher rating than 20 percent under Diagnostic Code 5255. For the earlier effective date claim, the Board noted that while the veteran claimed he was unemployable due to his respiratory disorder since at least 1987, the earliest correspondence mentioning this issue is dated August 12, 1996.

The deciding factor: The evidence did not support a higher rating than 20 percent for the left hip disability and there was no clear indication of unemployability prior to August 12, 1996.

Claimed conditions
Status-post nondisplaced left hip fracture
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
20%
Decision date
July 24, 2006
Citation
0621938

Veterans Law Judge

James L. March

Decisions by this judge: 2,776 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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 0621938.

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