The Board has found the VA examination used to determine the Veteran's hip disabilities inadequate and thus remanded for a new examination. The issues of compensable initial evaluations, higher evaluations, and remand have been addressed.
The deciding factor: The examination report did not include all required range-of-motion testing results as per Correia, Mitchell, and Sharp v. Shulkin.
- Claimed conditions
- Right Hip Limitation of Flexion, Right Hip Impairment of the Thigh, Trochanteric Pain Syndrome with Right Hip Limitation of Extension, Left Hip Limitation of Flexion, Left Hip Limitation of Extension, Trochanteric Pain Syndrome with Impairment of the Thigh, Left Hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 17, 2024
- Citation
- A24038766
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 A24038766.
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.
- Denied
The Veteran's claims for increased ratings were denied as the hip disability did not meet the criteria for a compensable rating or higher based on limitation of motion. The reduction in ratings from 10% to 0% was found to be improper and restored.
- Dismissed
The appeal regarding earlier effective dates for IBS and IVDS is dismissed.,The reduction in the rating for painful right toes scars is granted, restoring a 10 percent rating from May 3, 2023.,Increased ratings to 20 percent for lower extremity radiculopathy are granted as of October 21, 2024.,Service connection and increased ratings for left hip conditions, right hip conditions, left knee condition, ED, and depressive disorder are granted.
- Remanded (sent back)
The Veteran's appeals for higher ratings on several service-connected conditions have been remanded by the Board of Veterans' Appeals. The initial rating for PTSD remains at 50 percent, and the initial rating for right ulnar nerve neuropathy remains at 10 percent. The low back condition, right thigh impairment, and right hip strain are all being remanded for further review.
- Dismissed
The Veteran has withdrawn their appeals regarding increased ratings and earlier effective dates for various conditions, including Generalized Anxiety Disorder, Lumbar Spine Disability, Radiculopathies, Hip Limitations, Migraine Headache Disorder, IBS, and GERD.
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