The Veteran's claim for VA compensation benefits under 38 U.S.C. § 1151 for a right hip disorder due to an October 2008 resurfacing procedure was denied because the evidence did not show that VA care caused additional disability, and his sinusitis is granted a 50% rating.
The deciding factor: The Board found no evidence of negligence or fault on VA's part in causing the right hip disorder, and concluded that the Veteran’s current pain after the 2008 procedure was not due to any unforeseen event.
- Claimed conditions
- Right Hip Disorder, Acquired Psychiatric Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 22, 2020
- Citation
- 20068671
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.
- Denied
The Board denied service connection for obstructive sleep apnea, and remanded the claims for an acquired psychiatric disorder, a right shoulder disability, a right knee disability, and headaches due to insufficient evidence.
- Partly granted
The Board granted an effective date of July 15, 2020, for the grant of service connection for erectile dysfunction and special monthly compensation based on loss of use of a creative organ. The claim for service connection for an acquired psychiatric disorder was remanded.
- Partly granted
The Board denied increased ratings for migraines and lumbar spondylosis, granted a 40% rating for right lower extremity radiculopathy, and granted TDIU and earlier effective dates for special monthly compensation and Dependents' Educational Assistance.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, to include PTSD, due to a need for additional evidence and examination.
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