The Veteran's right hip and leg disability is being remanded for a new VA medical opinion to determine if the condition was caused by carelessness, negligence or error in judgment during his 2013 VA treatment.
The deciding factor: The Board found that the November 2014 VA examiner’s opinion was based on an inaccurate factual premise and requires a new opinion considering all evidence of record.
- Claimed conditions
- Right hip infection, Right hip length discrepancy, Chronic right hip pain, Loss of ability to bend at the waist, Loss of ability to go for a walk, Loss of ability to ride motorcycle, Nighttime pain, Condition that turns hands and feet black
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2019
- Citation
- 19141111
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19141111.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
VA treatment in December 1981 did not cause the veteran's current right hip disability.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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