The Veteran's left hip degenerative arthritis with limitation of flexion is rated at 20 percent.,The Veteran's left hip degenerative arthritis with limitation of extension is not compensable.,The Veteran's left hip degenerative arthritis with impairment of the thigh is rated at 10 percent.,Service connection for PTSD has been granted, but an effective date prior to August 22, 2017, cannot be established.
The deciding factor: The evidence does not support a higher rating based on limitation of flexion due to pain or other factors. The current 20 percent rating is the highest available under Diagnostic Code 5252 for limitation of flexion.,There is no compensable rating available for limitation of extension as it is limited to 15 degrees, which does not meet the criteria for a compensable rating under Diagnostic Code 5251.,The impairment of the thigh with adduction and abduction limitations are rated at 10 percent based on Diagnostic Code 5253. The Veteran's limitation of rotation (toe-out) is limited to 15 degrees, which does not meet the criteria for a compensable rating under Diagnostic Code 5253.,Service connection for PTSD has been granted but an effective date prior to August 22, 2017, cannot be established as there was no claim filed or service-connected disability in place prior to that date.
- Claimed conditions
- left hip degenerative arthritis with limitation of flexion, left hip degenerative arthritis with limitation of extension, left hip degenerative arthritis with impairment of the thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 3, 2019
- Citation
- 19176644
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.
- Partly granted
The Board granted earlier effective dates for service connection and ratings for various conditions, denied higher ratings, and granted a total disability rating based on individual unemployability.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining additional medical opinions and evidence.
- Remanded (sent back)
The Board remanded the veteran's claims for a new examination to assess the severity of their service-connected hip and thigh disabilities. The Board found that the previous examiner did not adequately discuss functional loss during flare-ups or after repetitive use.
- Partly granted
The veteran's claims for increased ratings for hip conditions were partially granted and partially denied. The claim for TDIU was remanded.
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