The Veteran's claim for a TDIU was withdrawn. The left hip disability is rated at 50 percent, but no higher. The left knee disability is rated at 20 percent, but no higher. The back disability is rated at 40 percent, effective August 1, 2013. The left and right lower extremity sciatica are each rated at 10 percent, effective August 1, 2013.
The deciding factor: The evidence does not show marked severe residuals of weakness, pain, or limitation of motion for the hip disability, which would warrant a higher rating under Diagnostic Code 5054. The left knee disability is rated based on limitation of flexion to 60 degrees, as it has not manifested more than this level.
- Claimed conditions
- Osteoarthritis of the left hip, Left knee disability, Back disability, Left lower extremity sciatica, Right lower extremity sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 13, 2020
- Citation
- 20065937
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 service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
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