The Board has remanded the Veteran's claims for service connection due to a failure to consider secondary service connection and provide an adequate examination.
The deciding factor: The Board found that VA did not comply with its duty to assist by failing to consider the Veteran’s theory of entitlement on a secondary basis, particularly regarding his right hip condition. The Board also noted errors in determining whether there was evidence against finding any left hip disability related to service or another service-connected disability.
- Claimed conditions
- Right Hip, Left Hip
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 27, 2019
- Citation
- 19166433
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 19166433.
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.
- Remanded (sent back)
The Board has decided to remand the claims of service connection for cervical spine, bilateral shoulders, bilateral knees, and bilateral hips due to inadequate VA examinations. The Veteran's attorney raised secondary service-connection issues.
- Granted
The Veteran's bilateral knee disabilities have been granted a 50% rating for limitation of extension. His bilateral hip disabilities have also been granted ratings, with the left hip receiving a 40% rating and the right hip receiving a 20% rating.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for right hip, left hip, right knee, and back disabilities due to inextricably intertwined issues. The claims will be further developed with additional VA examinations.
- Denied
The Veteran's left hip disability was rated at 10 percent from June 15, 2012 to December 26, 2017 for limitation of flexion and adduction. From February 1, 2019 onwards, a 50 percent rating was granted for total hip replacement. The Veteran's low back disability was denied an initial rating in excess of 20 percent.
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