The Veteran's low back disability is currently rated at 40% from November 1, 2010 to August 11, 2016. The claim for a higher rating remains pending. His right hip disability and TDIU claims are remanded.
The deciding factor: The VA examination report did not include the necessary information as required by Correia and Sharp regarding pain on both active and passive motion in weight-bearing and non-weight-bearing, which is essential to determine the severity of his service-connected right hip disability.
- Claimed conditions
- intervertebral disc syndrome with spinal fusion and degenerative disk disease, right hip residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 2, 2020
- Citation
- 20064343
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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