The Veteran's claim for a rating in excess of 40 percent for his low back disability was denied. However, the July 26, 2001, decision denying service connection for degenerative arthritis of both hips was found to be CUE.
The deciding factor: The RO incorrectly applied the applicable statutory and regulatory provisions existing at the time, such that the outcome of the claim would have been manifestly different but for the error.
- Claimed conditions
- degenerative disc disease of the dorsal and lumbar spine, degenerative arthritis of both hips
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2009
- Citation
- 0941018
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 0941018.
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.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining SSA records and a VA examination to determine if the veteran's hip and lumbosacral spine disabilities are related to service or secondary to his service-connected left ankle disability.
- Granted
The veteran's disabilities, including degenerative arthritis of both hips and depression, prevent him from engaging in any form of gainful employment. As a result, he is granted a permanent and total disability rating for pension purposes.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
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