The VA has denied the appellant's claims for increased ratings for total hip replacements on both hips, radiculopathy of the left lower extremity, and compression fracture with laminectomy. The evaluations remain at 30%, 10%, and 40% respectively.
The deciding factor: The medical evidence did not support a higher evaluation based on the current symptoms and functional impairment.
- Claimed conditions
- Total Hip Replacement (Right), Total Hip Replacement (Left), Radiculopathy, Left Lower Extremity, Compression Fracture, 11th and 12th Dorsal Vertebrae with Intervertebral Disc Lumbar Spine S/P Laminectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 4, 2010
- Citation
- 1000246
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. Read the original VA decision (opens in a new tab) using citation 1000246.
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: Granted
The Veteran's claim for PTSD was granted, and his claims for increased ratings of degenerative arthritis of the spine with spinal stenosis, radiculopathy left lower extremity, and radiculopathy right lower extremity were also granted. The effective dates are not specified as they are based on when the claims were filed or denied.
- Whole decision: Denied
The Board denied a rating in excess of 70 percent for PTSD, finding that the Veteran's symptoms did not meet the criteria for a higher rating.
- Whole decision: Partly granted
The Board denied service connection for bilateral hearing loss and tinnitus, granted a 20 percent disability rating for radiculopathy of the right and left lower extremities, and remanded several other claims including those for increased ratings for various disabilities and TDIU.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings and a temporary total evaluation are being remanded due to the need for updated VA treatment records, additional private medical records, and a new VA examination.
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