The Veteran's right hip replacement and L5/S1 spinal fusion with IVDS are currently rated at 40 percent, but no higher. The compression fracture of the 12th dorsal vertebral body is not compensable.
The deciding factor: The evidence does not support a rating in excess of 40 percent for any condition due to lack of marked severity or ankylosis.
- Claimed conditions
- Right Total Hip Replacement, L5/S1 Spinal Fusion with IVDS (Intradiscal Electrothermal Therapy), Compression Fracture, 12th Dorsal Vertebral Body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 14, 2021
- Citation
- 21022016
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 21022016.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
Service connection for PTSD is granted, effective May 22, 2023.,Effective May 22, 2023, service connection for right total hip replacement and related conditions are granted.,An earlier effective date of May 22, 2023, but no earlier, is granted for the grant of service connection for bilateral sensorineural hearing loss.,Effective May 22, 2023, service connection for recurrent tinnitus is granted.,Effective May 22, 2023, service connection for degenerative disc disease of the thoracolumbar spine with degenerative arthritis and spinal stenosis is granted.
- Whole decision: Denied
The Veteran's right hip replacement residuals have not met the criteria for a rating in excess of 50 percent since September 1, 2019.
- Whole decision: Granted
The Veteran's right hip disability, including his total hip replacement, is rated at 30 percent from August 1, 2021. The previous ratings for flexion and extension are denied prior to March 22, 2021.
- Whole decision: Denied
The Veteran's right total hip replacement is currently rated at 50 percent from January 27, 2021. The Board denied a higher rating as the evidence does not show that the disability warrants a rating in excess of 50 percent.
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