The Veteran's claims for increased ratings for his service-connected right hip disabilities were denied, but an effective date of October 10, 2018, was granted for the award of a total disability rating based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits.
The deciding factor: The Veteran's service-connected right hip disabilities did not meet the criteria for increased ratings during the appeal period due to insufficient limitation of motion, but it was factually ascertainable that he became unable to secure or follow substantially gainful employment on October 10, 2018.
- Claimed conditions
- right hip degenerative arthritis, limitation of extension associated with right knee replacement, right hip degenerative arthritis, limitation of flexion associated with right knee replacement, right hip degenerative arthritis associated with right knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 1, 2024
- Citation
- A24062331
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for right and left hip degenerative arthritis as secondary to the Veteran's service-connected right ankle and knee conditions, and major depressive disorder as secondary to his service-connected knee and ankle conditions. The Board also granted a 10 percent rating for allergic rhinitis.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right ankle, bilateral hip conditions and entitlement to specially adapted housing or special home adaptation grant as there is insufficient evidence to determine if the Veteran's pre-existing conditions were aggravated during his period of ACDUTRA.
- Dismissed
The veteran withdrew the appeal for service connection regarding right hip degenerative arthritis before a decision was made.
- Remanded (sent back)
The Board denied service connection for tinnitus, left ankle disorder, and right ankle disorder. The claims for lumbar spine degenerative arthritis, left hip degenerative arthritis, right hip degenerative arthritis, respiratory infection, and chronic sinusitis were remanded for further development.
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