The Board found that the Veteran's right hip disability was not incurred in or aggravated by active military service, may not be presumed to have been incurred in or aggravated by service, and is not proximately due to or the result of any service-connected disability.
The deciding factor: The medical evidence does not support a finding that the Veteran's right hip avascular necrosis was caused by his fall during service or by his service-connected left distal tibia fracture with left knee sprain. The Board found that the condition is more likely due to progressive avascular necrosis.
- Claimed conditions
- right hip avascular necrosis, degenerative joint disease of the left hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 21, 2009
- Citation
- 0939845
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. Search VA.gov for the original decision (opens in a new tab) using citation 0939845.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran withdrew his appeal for increased ratings of his right hip disability prior to the Board's decision.
- Whole decision: Remanded (sent back)
The Board has remanded the case for a retrospective medical opinion to determine the severity of the Veteran's right hip disorder without considering the ameliorative effects of medication, as per court holdings in Jones v. Shinseki and Ingram v. Collins.
- Whole decision: Granted
The Board granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
- Whole decision: Granted
The Board granted service connection for a right hip disability, diagnosed as right hip avascular necrosis and right hip replacement, and a right hip scar, status post right hip replacement, as secondary to the service-connected right hip replacement.
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