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

Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation A24027679.