BVA Case 23-5933: Back

In July 2019, the Board denied service connection for a right hip condition and degenerative arthritis of the right knee.

In the July 5, 2023,decision on appeal, the Board noted that the rating criteria for disabilities of the musculoskeletal system were revised effective February 7,2021, but the DCs pertaining to hip disabilities remained unchanged except for DC 5255 regarding impairment of the femur.

The Board concluded that the veteran's right hip disability continued to warrant a noncompensable rating under DC 5251 because he has not exhibited an extension limited to 5 degrees ; his disability also warranted a noncompensable rating under DC 5253 because [his]limitation of abduction was at least 25 degrees and not lost beyond 10 degrees and [his]limitation in adduction [di]d not prevent [him]from crossing his legs ;and his disability warranted a 10%rating under DC 5252 because his flexion was,at most limited,to 50 degrees.

As for the veteran's right knee disability,the Board likewise determined that the April 2017 VA exam warranted little to no probative value because of an internal inconsistency regarding whether the veteran had ankylosis, and the veteran's report about the severity of his condition lacked credibility due to prior inconsistent and contradictory statements.

The Board found that the [v]eteran was able to extend, at worst,to zero degree[s],consistent with a noncompensable rating under DC 5261,and that he did not have flexion limited to 45 degrees or less to support a compensable rating under DC 5260 or ankylosis of the right knee to warrant a higher rating under DC 5256.

Despite acknowledging the veteran's complaints of feeling like he has popping,locking,and giving way of his right knee, the Board concluded that the medical evidence does not establish that these feelings have been due to a separate knee impairment other than the limitations of flexion that have been documented on examination.

have always been found to be normal, the Board determined that there was no clinically observable instability that would give rise to a separate disability that manifests with compensable,functional impairment.

7 Case:23-5933 Page: 8 of 13 Filed:05/30/2025 Finally,regarding TDIU,the Board noted that the veteran met the criteria for TDIU on a schedular basis due to his combined disability rating of 70%as of May 19,2021, 12 and that [p]rior to May 19,2021,the Board w[ould]consider whether referral for extraschedular consideration under 38 C.