The Board has remanded the case due to a duty-to-assist error in the claims file, which includes missing documents from July and August 2018. The Veteran's earlier effective date claim for right hip osteoarthritis awards is now pending.
The deciding factor: The AOJ failed to make efforts to obtain relevant evidence dated on or before August 21, 2018, which could have clarified the claims file and resolved the duty-to-assist error.
- Claimed conditions
- right hip osteoarthritis, impairment of thigh, right hip osteoarthritis, limitation of flexion, right hip osteoarthritis, limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2024
- Citation
- A24023426
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 A24023426.
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.
- Granted
The Veteran's claim for an earlier effective date for the 50 percent rating for migraines is denied.,The Veteran's claim for an earlier effective date for the 30 percent rating for IBS w/non-specific colitis is granted and effective July 20, 2023.,The Veteran's claims for earlier effective dates for the 20 percent ratings for right hip osteoarthritis, limitation of abduction, adduction, or rotation, and for right hip osteoarthritis, limitation of flexion are both granted and effective April 26, 2023.,No effective date is assigned for the Veteran's claim for an earlier rating for her IBS condition as it was already in effect prior to July 20, 2023.
- Denied
The Board denied the veteran's claims for increased ratings and remanded service connection claims.
- Denied
The Board denied an initial rating in excess of 20 percent for right hip osteoarthritis, impairment of thigh, and also denied initial compensable ratings for limitation of extension and flexion of the right hip.
- Partly granted
The Board denied increased ratings for the veteran's left shoulder, bilateral plantar fasciitis, and right hip disabilities but granted a 20 percent rating from December 30, 2023, for right hip osteoarthritis.
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