The Board denied the Veteran's claim for an effective date prior to March 28, 2002 for the grant of service connection for Legg-Calve-Perthes disease, left hip, status-post total hip replacement. The decision found that no document in the claims file dated prior to March 28, 2002 could be construed as a claim or reopening of the previous denial.
The deciding factor: The Board determined that there was no valid notice of disagreement filed within one year of the September 1990 rating decision and thus, the December 1990 statement from the Veteran did not constitute a notice of disagreement. Additionally, the November 1990 medical opinion by Dr. N. was considered but deemed new and material evidence insufficient to reopen the claim.
- Claimed conditions
- Legg-Calve-Perthes disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 22, 2016
- Citation
- 1629415
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 1629415.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection as his preexisting Legg-Calve-Perthes disease did not worsen during his brief period of active military service.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's left hip disorder, specifically his claims for service connection. The AOJ is required to obtain and associate all outstanding VA treatment records from the Louisville VAMC and provide an addendum opinion addressing these issues.
- Granted
The Veteran's right hip disability, including Legg-Calve-Perthes disease and ORIF/Intra-trochanteric fracture, has been rated as 20 percent disabling for impairment of the thigh since July 10, 2013.
- Denied
The Veteran's claim for an earlier effective date for service connection of Legg-Calve-Perthes disease, left hip, status-post total hip replacement was denied as there is no evidence of a valid claim prior to March 28, 2002.
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