The Veteran's bilateral hip disability, left hip disability, and right hip disability are being remanded for further review.,An earlier effective date is denied for the surgical scar resulting from the total hip replacement surgery on January 13, 2012. The earliest possible date for this disability is January 13, 2012.,The Veteran's left hip disability is rated at 10 percent and an increased rating is not warranted based on current evidence of record.,A compensable rating (greater than 0%) for the surgical scar resulting from right hip replacement surgery is denied. The earliest possible date for this disability is January 13, 2012.,The Veteran's right hip disability requires a remand to consider post-operative criteria under DC 5054 and the assignment of a convalescent rating following hospital discharge.
The deciding factor: The effective date for service connection cannot be earlier than August 19, 2009, as there is no evidence prior to this date indicating an intent to seek benefits for a bilateral hip disability. The earliest possible date for the surgical scar resulting from right hip replacement surgery is January 13, 2012.,The Veteran's left hip disability does not meet the criteria for an increased rating based on range of motion or functional loss due to pain and fatigue. The current ratings are considered appropriate under the applicable diagnostic codes.,The surgical scar resulting from right hip replacement surgery is not painful, unstable, nor does it cover an area of 144 square inches as required by the rating criteria for a compensable rating. Therefore, no increased rating is warranted.,Right hip disability requires consideration of post-operative criteria under DC 5054 and the assignment of a convalescent rating following hospital discharge to determine if a higher rating is warranted.
- Claimed conditions
- bilateral hip disability, left hip disability, right hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2024
- Citation
- A24027679
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 A24027679.
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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