The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for defective right hip replacement, which failed in January 2005. The VA has not obtained all relevant treatment records from the Wade Park VAMC and must do so as they may be material to his claim.
The deciding factor: VA treatment records prior to January 2007 have not been associated with the claims folder, which could contain evidence supporting the Veteran's claim for compensation under 38 U.S.C.A. § 1151.
- Claimed conditions
- hip replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2009
- Citation
- 0936026
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 0936026.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for the Veteran's left hip condition as secondary to his service-connected foot and ankle conditions.
- Denied
The Board denied service connection for high cholesterol (hyperlipidemia) and remanded the claims for diabetes, hypertension, skin pigmentation, heart murmur, hip replacement, and left leg injury to include a left ankle and left knee condition due to insufficient evidence.
- Remanded (sent back)
The Board has remanded the claims for multiple myeloma, hip replacement, residuals of lung surgery, and myelodysplastic syndrome due to a failure to obtain VA treatment records. The appellant is also being asked to provide any additional evidence they may have.
- Remanded (sent back)
The Board has remanded the claims for service connection, increased ratings, and TDIU due to new evidence indicating worsening of symptoms. The Veteran's current conditions include left adrenal mass, hip replacement, fecal incontinence, and irritable bowel syndrome.
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