The appeal regarding the finding of clear and unmistakable error in the assignment of a 40 percent evaluation for service-connected right hip, limitation of flexion, was denied. The initial evaluation for this condition is also denied.
The deciding factor: The evidence did not support a higher rating as the Veteran's right hip flexion was limited to 100 degrees during flareups and no worse, which does not meet the criteria for a higher rating under DC 5252.
- Claimed conditions
- right hip, limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 13, 2025
- Citation
- A25052144
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.
- Dismissed
The veteran's appeal for service connection was dismissed due to untimely filing.
- Remanded (sent back)
The Board remands the case to obtain additional evidence regarding the Veteran's employment and the impact of his service-connected conditions on his ability to work.
- Remanded (sent back)
The Board remands the claims for service connection for right shoulder, right hip, an acquired psychiatric disability, respiratory issues, and oral cyst to correct duty-to-assist errors.
- Remanded (sent back)
The Board remands the Veteran's claims for service connection for bilateral knee, hip, and lower back pain disabilities due to a duty to assist error.
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