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Dismissed

The appeal with respect to the claim for a rating in excess of 10 percent for residuals of a left wrist fracture is dismissed.,Entitlement to a rating in excess of 10 percent for thigh impairment rated under DC 5253 as a residual of right hip fracture or left hip arthritis has been denied.,An initial 10 percent rating for loss of thigh flexion as a residual of right hip fracture and left hip arthritis from August 27, 2015 is granted.,An initial rating in excess of 10 percent for limitation of thigh extension as a residual of right hip fracture and left hip arthritis from August 27, 2015 has been denied.,Prior to August 24, 2023, the criteria for an initial rating in excess of 10 percent for sacroiliac joint osteoarthritis with degenerative disc disease and compression fracture at T-11 and T-12 status post motor vehicle accident have not been met.,For the period beginning August 24, 2023, the criteria for an initial rating in excess of 20 percent for sacroiliac joint osteoarthritis with degenerative disc disease and compression fracture at T-11 and T-12 status post motor vehicle accident have not been met.

The deciding factor: The Veteran withdrew his appeal regarding the claim for a rating in excess of 10 percent for residuals of a left wrist fracture.,Thigh impairment due to right hip fracture and left hip arthritis does not result in limitation of abduction beyond 10 degrees in either leg.,There is evidence of record that thigh impairment from right hip fracture and left hip arthritis has resulted in objectively painful but not compensable loss of extension and flexion in each thigh from August 27, 2015.,For the period beginning August 27, 2015, flexion of either thigh has not been limited to 30 degrees.,The highest assignable rating for limitation of thigh extension under the VA Schedule for Rating Disabilities is 10 percent.,Prior to August 24, 2023, sacroiliac joint osteoarthritis with degenerative disc disease and compression fracture at T-11 and T-12 status post motor vehicle accident did not result in forward flexion greater than 30 degrees but not greater than 60 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis; or incapacitating episodes of intervertebral disc syndrome (IVDS) having a total duration of at least two weeks but less than four weeks during a twelve-month period.,For the period beginning August 24, 2023, sacroiliac joint osteoarthritis with degenerative disc disease and compression fracture at T-11 and T-12 status post motor vehicle accident has not resulted in thoracolumbar spine flexion to be limited to 30 degrees or less, favorable clinical or functional ankylosis of the entire thoracolumbar spine, or incapacitating episodes of IVDS having a total duration of at least four weeks but less than six weeks during a twelve-month period.,The Veteran has reported education through 4 years of high school and employment as a contractor; he stated he became too disabled to work in 2008.,The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation.

Claimed conditions
Left wrist fracture, Right hip fracture, Left hip arthritis
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
December 26, 2023
Citation
23067509

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 23067509.

What this means for you

A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.

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