The Board remands the claims for service connection for left hip degenerative arthritis and lumbar degenerative arthritis and scoliosis to correct pre-decisional duty to assist errors.
The deciding factor: Remand is necessary due to deficiencies in the previous VA opinions regarding direct and secondary service connection, including a lack of consideration of obesity as an intermediate factor.
- Claimed conditions
- left hip degenerative arthritis, lumbar degenerative arthritis and scoliosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24070209
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.
- 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.
- Denied
The Board denied service connection for a left hip disability as secondary to right foot disabilities, finding no evidence that the Veteran's left hip disability was caused or aggravated by his service-connected right foot disabilities.
- Partly granted
The Board granted earlier effective dates for the grants of a noncompensable disability rating for left hip limitation of extension, a 20 percent disability rating for left hip limitation of flexion, and a 20 percent disability rating for left hip degenerative arthritis, but denied an earlier effective date for service connection for a painful right hip scar.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.