Court Victory for Veteran’s Hip Disability: Remand Ordered for Full Rating Consideration

The Court of Appeals for Veterans Claims recently ruled in favor of our client, a veteran who sought higher ratings for his left hip osteoarthritis beyond October 24, 2019. The Board of Veterans’ Appeals erred by limiting its review to a short “review period,” ending on the notification date of the initial rating decision, thus excluding later evidence of his worsening condition. The Court agreed with our position that not only is there no support for this in the law, but it also results in a bizarre outcome under the Appeals Modernization Act. This was unfortunately the second time the Board made this error in this veteran’s claims. And despite our efforts, we could not get VA’s attorneys to agree to instruct the Board that its understanding of the law was clearly wrong, thus necessitating a brief to the Court.

Mr. Meuzelaar initially received a 10% rating for left hip osteoarthritis in October 2019 but requested a higher rating due to ongoing difficulties. Although the Board granted a partial increase for limitation of adduction, it failed to consider his condition after October 2019. The Court clarified that the Veterans Appeals Improvement and Modernization Act (AMA) does not restrict the Board’s review to an artificial period ending with a rating notification. The Board’s narrow interpretation led to a nonsensical outcome, leaving Mr. Meuzelaar’s rating unresolved despite clear evidence of his condition’s progression.

The Court remanded the case, directing the Board to evaluate Mr. Meuzelaar’s left hip disability continuously, including evidence beyond October 2019, and account for the recent increase to 100% disability following his hip replacement. This decision affirms that veterans are entitled to thorough, ongoing assessments when seeking higher ratings for worsening conditions.

Our team remains dedicated to ensuring veterans receive fair evaluations and the full benefits they deserve for their service-connected disabilities.

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