The Board remands the claims for a new VA examination to determine the current severity of the Veteran's service-connected bilateral hip disabilities without considering the ameliorative effects of medication.
The deciding factor: Remand is required due to a pre-decisional duty to assist error regarding the consideration of the ameliorative effects of medication on the severity of the Veteran's musculoskeletal disabilities.
- Claimed conditions
- left hip limitation of flexion, left hip strain, right hip strain, right hip limitation of flexion
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2025
- Citation
- A25040287
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.
- Granted
The Board grants service connection for a right hip strain, resolving reasonable doubt in favor of the Veteran based on evidence showing an onset during service and continuous symptoms since then.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
- Denied
The appeal of the February 16, 2023, proposal to reduce the disability rating for right hip strain is dismissed. The Board also denied an increased disability rating for right hip strain.
- Partly granted
The Board granted service connection for left knee strain, right knee strain, and right hip strain as secondary to the appellant's service-connected bilateral foot disabilities. The claim for a TMJ disorder was denied, along with other claims for increased ratings.
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