The Board found that a rating in excess of 20 percent was not warranted prior to October 18, 2002; an increased 30 percent rating, but no higher, is warranted effective from October 18, 2002; and a rating in excess of 30 percent was not warranted effective from October 1, 2006.
The deciding factor: The evidence did not support a higher rating under the applicable diagnostic codes due to the lack of specific criteria met for higher ratings, such as ankylosis or fracture of the femur.
- Claimed conditions
- status post total left hip replacement, arthritis and aseptic necrosis changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2009
- Citation
- 0901226
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The veteran's back disability symptoms, both prior to October 16, 1996 and from December 1, 1996 to October 14, 1998, do not more closely approximate moderate limitation of lumbar spine motion than slight limitation of motion, and are not productive of muscle spasm on extreme forward bending, loss of unilateral lateral spine motion in any direction in a standing position, or any recurring attacks of intervertebral disc syndrome. The veteran's back disability symptoms do not approximate pronounced IDS, with persistent symptoms compatible with sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, or other neurological findings appropriate to the site of the diseased disc, and little intermittent relief; they do not approximate unfavorable ankylosis of the entire thoracolumbar spine; and they have not been productive of incapacitating episodes of intervertebral disc syndrome having a total duration of at least 6 weeks during the past 12 months. There is no spiral or oblique fracture of the left shaft or anatomical neck of the left femur, with nonunion, and loose motion, or flail left hip joint; and the veteran's left hip disability does not approximate intermediate left hip ankylosis.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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