The Board has remanded the case due to errors in determining an initial evaluation higher than 10 percent for right hip strain and the issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to a service-connected disability. The Veteran's complaints of his hip coming out of the socket need to be addressed by a VA examiner.
The deciding factor: The Board failed to consider the functional effects and severity of the Veteran’s right hip condition, including his consistent reports that his hip 'constantly comes' out of the socket.
- Claimed conditions
- Right hip strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20007839
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.
- Granted
The Board granted service connection for plantar fasciitis on the right and left foot, left and right ankle strain, left and right knee osteoarthritis, and left and right hip strain, all secondary to service-connected back and bilateral lower extremity radiculopathy disabilities with weight gain/obesity as an intermediate step.
- Denied
The Board denied increased evaluations for the Veteran's service-connected conditions, finding that the current ratings accurately reflect the severity of his disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for PTSD, right hip strain, lumbosacral strain, right knee meniscal tear, and left wrist sprain. The claim for service connection for cervical strain was remanded.
- Remanded (sent back)
The Board granted the Veteran's appeal regarding the timeliness of his substantive appeal and remanded several issues for further development.
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