The Board has remanded the Veteran's claims for increased ratings for his bilateral hip disabilities due to a pre-decisional duty to assist error. The AOJ must obtain another VA examination and opinion to assess the severity of the Veteran's hip disabilities in the absence of medication use.
The deciding factor: The November 2021 VA examination report did not consider the ameliorative effects of the Veteran's medications on his hip disabilities, which is a pre-decisional duty to assist error.
- Claimed conditions
- left hip limitation of abduction, left hip limitation of extension, left hip limitation of flexion, right hip limitation of abduction, right hip limitation of extension, right hip limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2026
- Citation
- A26033240
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A26033240.
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 has remanded several claims for further action, including effective date determinations and service connection determinations. The Veteran's service records from Portsmouth Naval Hospital are requested to be obtained.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings and initial compensable ratings for his bilateral hip/thigh and right ankle conditions require additional medical examination to determine their current severity.
- Remanded (sent back)
The Board has determined that additional evidence is needed and a new examination is required to properly assess the Veteran's service-connected left hip disability, as well as remand for an HLR informal conference.
- Granted
The Veteran's service connection claims for various conditions are granted effective from August 4, 2023.
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