BVA Case 220223-222178: Hip
BVAReal Board of Veterans' Appeals decision · May 22, 2024 · Jennifer White
Conditions Claimed
HipAnkleHeartDiabetesArthritisHypertension
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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Issues on Appeal
HipAnkleHeartDiabetesArthritisHypertension
Why It Was Decided This Way
FINDING OF FACT The Veteran is not service connected for the primary disability of PAD; the medical evidence weighs against finding that the claimed left hip disability was proximately caused by PAD.
If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision.
Thus, the Board finds that VA has satisfied the duty to assist.
No further notice or assistance to the Veteran is required to fulfill VA's duty to assist in development.
It is within judicial discretion to remand secondary service connection claims as intertwined with a remanded primary service connection claim based on a finding that the identified pre-decisional duty to assist error as to the primary claim under 38 C.
The Board therefore finds that the pre-decisional duty to assist error identified with respect to the service connection for PAD claim does not extend to the claim for service connection for a left hip disability.
Notably, the fact that the primary disability of PAD is not service connected is a bar to establishing secondary service connection as a matter of law.
Similarly, laypersons are competent to diagnose and provide nexus opinions to some extent, notably where the diagnosis or opinion is not of a complex nature.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not Service Connected|Duty To Assist
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