The Veteran's right hip disability was reduced from 20% to 10%, effective January 15, 2013. The lumbar spine disability is rated at 40%. The fibromyalgia and insomnia are separately rated.,A TDIU was granted effective July 20, 2011.
The deciding factor: The reduction in the rating for right hip disability was not supported by an adequate examination as it did not evaluate range of motion in both weight-bearing and non-weight-bearing positions. The lumbar spine disability has resulted in limitation of flexion to 30 degrees but no unfavorable ankylosis.,The Veteran's fibromyalgia resulted in constant or near-constant widespread symptoms that were largely refractory to therapy throughout the appeal period prior to August 11, 2009. The sleep impairment is contemplated in the rating assigned for his psychiatric disability.
- Claimed conditions
- Right Hip Disability, Lumbar Spine Disability, Fibromyalgia, Insomnia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 19, 2016
- Citation
- 1636500
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 1636500.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
- Denied
The Board denied an increased rating for the Veteran's right hip disability, finding that her current 10 percent rating adequately reflects her symptoms and limitations.
- Remanded (sent back)
The Board has remanded the case due to an inadequate opinion regarding the relationship between any current acquired psychiatric disorder and service, specifically a claimed in-service personal assault. The Veteran's contentions are that he did not report or seek treatment for this assault because he feared it would complicate his discharge.
- Denied
The Veteran's claim for a separate disability rating for insomnia is denied as it is subsumed under his service-connected PTSD.,The effective date for the grant of service connection for PTSD is denied as no new and material evidence was submitted within one year of the July 1986 denial, making the June 9, 2017, claim without legal merit.,The effective date for the grant of service connection for OSA is denied as no new and material evidence was submitted within one year of the April 2013 denial, making the June 9, 2017, claim without legal merit.
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