The veteran's right hip fracture residuals are not manifested by ankylosis, flail joint symptomatology, or impairment of the femur, and a higher rating is not warranted.
The deciding factor: The medical evidence does not show a factual basis for a separate rating for neurological symptomatology secondary to the service-connected hip fracture residuals. The veteran's primary symptom as chronic pain, but his current 40 percent evaluation was allowed primarily for his functional loss due to his pain and weakness.
- Claimed conditions
- Residuals of a right hip fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 9, 2009
- Citation
- 0900895
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (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 0900895.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board found that the veteran's right hip fracture was not proximately due to, the result of, or aggravated by his service-connected DJD of the right knee. Therefore, the claim for secondary service connection for a right hip disorder is denied.
- Granted
The Board has determined that the veteran sustained injuries to his right shoulder and hip during a hospitalization at the Brockton, Massachusetts VA Medical Center from February 13 to March 1, 1995. The fall occurred while the veteran was waiting for an examination, but the circumstances of the hospitalization gave rise to the risks out of which the injury arose. Therefore, the injuries are considered to have resulted from the hospitalization.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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