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Board of Veterans' Appeals · Legacy series

Entitlement to an initial rating in excess of 10 percent prior to January 8, 2018, for the service-connected left hip disability, is remanded.

January 30, 2026Citation Nr. 26001453Docket 13-26 636va.gov source

  • initial rating in excess of 10 percent prior to January 8, 2018 for the service-connected left hip disabilityRemanded
  • initial rating in excess of 10 percent prior to January 8, 2018 for the service-connected right hip disabilityRemanded
DecisionAnalysis

Board reasoning

The Board remands for further development including gathering outstanding records and obtaining a medical opinion on whether the bilateral hip disabilities had a functional equivalent to ankylosis prior to January 2018. It also notes discrepancies in the file (SSA history, incarceration records) and an asserted argument for extraschedular consideration and TDIU that require thorough review. A VA opinion is needed to determine functional equivalency to ankylosis, and the matter should be readjudicated after development.

Issues

  • initial rating in excess of 10 percent prior to January 8, 2018 for the service-connected left hip disabilityRemanded
  • initial rating in excess of 10 percent prior to January 8, 2018 for the service-connected right hip disabilityRemanded

Authorities

  • Kellar v. Brown, 6 Vet. App. 157 (1994)Explains the difference between 3.321(b)(1) and 4.16(b) extraschedular considerations.
  • Rice v. Shinseki, 22 Vet. App. 447Supports consideration of total disability based on unemployability.
  • Chavis v. McDonough, 34 Vet. App. 1, 11 (2021)Addresses functional equivalence of ankylosis as a basis for rating.

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.