The Board remands the claims for an initial rating greater than 10 percent for right hip strain limitation of flexion, and initial compensable ratings for right hip limitation of extension and abduction due to a pre-decisional duty to assist error.
The deciding factor: Remand is needed to correct a pre-decisional duty to assist error regarding the initial rating assigned for the Veteran's right hip disability at the time of issuance of the rating decision on appeal, as well as to provide a more contemporaneous VA examination.
- Claimed conditions
- right hip strain limitation of flexion, right hip limitation of extension, right hip limitation of abduction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2025
- Citation
- A25043722
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.
- Remanded (sent back)
The Board remands the case for further evidentiary development to ensure compliance with its prior remand instructions, including scheduling an examination.
- Partly granted
The Board granted restoration of the 10 percent rating for right and left hip limitation of extension, denied a rating in excess of 20 percent for back disability, and denied increased ratings for other conditions.
- Partly granted
The Veteran is granted a 10 percent rating for his service-connected hypertension based on a history of diastolic pressure predominantly 100 or more and requiring continuous medication for control. The remaining claims are remanded.
- Partly granted
The Board granted service connection for temporomandibular joint disorder (TMJ) as secondary to posttraumatic stress disorder (PTSD), and granted a 10 percent rating for left hip limitation of extension, while denying other claims.
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