The Board has found clear and unmistakable error in the May 1996 rating decision that did not assign a compensable evaluation for left hip disability. The Veteran's painful motion of the left hip is now rated at 10 percent. For his breast cancer claim, the case is remanded to develop evidence regarding exposure to ionizing radiation or other chemical agents during service.
The deciding factor: The May 1996 rating decision did not correctly apply the law to the Veteran's disability picture and failed to consider functional loss due to pain as required by regulations. The error resulted in a noncompensable evaluation, which was incorrect.
- Claimed conditions
- left hip disability, breast cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- June 3, 2022
- Citation
- 22032530
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. Look up the original decision on VA.gov (opens in a new tab) using citation 22032530.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for left and right hip disabilities due to inadequate VA medical opinions. The Veteran will need an adequate VA medical opinion to determine if his hip disabilities are related to service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left, right ankle disabilities, left and right hip disabilities, left and right shin splints, and left and right knee disabilities due to inadequate nexus opinions in the VA examination reports. The Veteran contends that her current disabilities are related to injuries sustained during basic training.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to reconsider the Veteran's claims for service connection for left hip, left knee, right hip, and lower back disabilities. The claim for left hip disability is remanded due to a pre-decisional duty to assist error.
- Denied
The Veteran's claims for bilateral hearing loss, tinnitus, lumbar spine disability, right hand disability, left hip disability, TBI, and left knee disability have all been denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.,Specifically, the VA examination in December 2019 determined that the Veteran's hearing loss and tinnitus were not related to his military service.
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