The Board denied the Veteran's claim of entitlement to service connection for a right hip disability, finding that there was no clear and unmistakable error in their decision. The Board considered both medical opinions but gave more weight to an April 1996 VA examiner's opinion.
The deciding factor: The Board found that the correct facts were known at the time of the November 1998 decision and the statutory or regulatory provisions were correctly applied, despite the Veteran's arguments for new evidence and a hearing.
- Claimed conditions
- Right Hip Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 1900002
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for an acquired psychiatric disorder, right hip disability, left hip disability, lumbar strain and sacroiliac joint pain with left lower extremity radiation, and right great toe ingrown toenail and onychomycosis as the evidence did not show a causal relationship between these conditions and the Veteran's military service.
- Partly granted
The Board granted service connection for several disabilities, including left thumb, left wrist, right hip, back, and sciatic nerve conditions, but denied service connection for diabetes mellitus.
- Partly granted
The Board denied an initial increased disability rating in excess of 30 percent for major depressive disorder and remanded claims for service connection for right ankle, hip, and knee disabilities as well as a higher initial disability rating for migraines.
- Denied
The Board denied initial disability ratings in excess of 70 percent for PTSD, 10 percent for bilateral hearing loss, and 30 percent for COPD with asthma. The claims for service connection for various disabilities were remanded.
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