Citation Nr: 21072507 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 16-55 929 DATE: December 3, 2021 ORDER Entitlement to a rating in excess of 20 percent prior to January 15, 2021, and in excess of 40 percent as of January 15, 2021, for lumbar strain is denied. Entitlement to a rating in excess of 20 percent for right hip degenerative arthritis pursuant to Diagnostic Code 5252 is denied. Entitlement to a rating in excess of 10 percent for left hip degenerative arthritis pursuant to Diagnostic Code 5252 is denied. Entitlement to a rating in excess of 0 percent prior to January 15, 2021, and in excess of 10 percent as of January 15, 2021, for right hip degenerative arthritis with limitation of extension under Diagnostic Code 5251 is denied. Entitlement to a rating in excess of 0 percent prior to January 15, 2021, and in excess of 10 percent as of January 15, 2021, for left hip degenerative arthritis with limitation of extension under Diagnostic Code 5251 is denied. Entitlement to a rating in excess of 10 percent prior to January 15, 2021, and in excess of 0 percent as of January 15, 2021, for thigh impairment of the right hip under Diagnostic Code 5253 is denied. Entitlement to a rating in excess of 10 percent prior to January 15, 2021, and in excess of 0 percent as of January 15, 2021, for thigh impairment of the left hip under Diagnostic Code 5253 is denied. FINDINGS OF FACT 1. Prior to January 15, 2021, the evidence did not show limitation of forward flexion of the thoracolumbar spine of 30 degrees or less; or, unfavorable ankylosis of the entire thoracolumbar spine; or incapacitating episodes of intervertebral disc syndrome sufficient to warrant a higher rating. 2. Effective January 15, 2021, the evidence does not show that a lumbar spine disability manifested with ankylosis of the thoracolumbar spine or incapacitating episodes of intervertebral disc syndrome sufficient to warrant a higher rating. 3. Prior to January 15, 2021, the Veteran's right and left hip degenerative arthritis did not result in limitation of range of motion to 5 degrees of extension. 4. Effective January 15, 2021, both the Veteran's right and left hip degenerative arthritis resulted in limitation of range of motion to 5 degrees of extension which represents the maximum rating assignable pursuant to Diagnostic Code 5251. 5. Throughout the course of the appeal, the Veteran's right hip degenerative arthritis did not result in limitation of range of motion to 20 degrees of flexion. 6. Throughout the course of the appeal, the Veteran's left hip degenerative arthritis did not result in limitation of range of motion to 30 degrees of flexion 7. Effective February 7, 2020, the Veteran's left and right hip disability, on the basis of impairment of thigh, was manifested by limitation of abduction such that legs cannot be crossed but not limitation of abduction motion lost beyond 10 degrees. 8. Prior to February 7, 2020 and effective January 15, 2021, the Veteran's left and right hip disability, on the basis of impairment of thigh, was not manifested by limitation of abduction such that legs could not be crossed or manifested by limitation of rotation such that it is not possible to toe out more than 15 degrees. CONCLUSIONS OF LAW 1. The criteria for entitlement to a rating in excess of 20 percent prior to January 15, 2021, and in excess of 40 percent as of January 15, 2021, for lumbar strain have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.321, 4.1, 4.2, 4.3, 4.7, 4.71a, Diagnostic Code 5237- 5243. 2. The criteria for entitlement to a rating in excess of 0 percent prior to January 15, 2021, and in excess of 10 percent as of January 15, 2021, for right hip degenerative arthritis with limitation of extension under Diagnostic Code 5251 have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.21, 4.40, 4.45, 4.49, Diagnostic Code 5251. 3. The criteria for entitlement to a rating in excess of 0 percent prior to January 15, 2021, and in excess of 10 percent as of January 15, 2021, for left hip degenerative arthritis with limitation of extension under Diagnostic Code 5251 have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.21, 4.40, 4.45, 4.49, Diagnostic Code 5251. 4. The criteria for entitlement to a rating in excess of 20 percent for right hip degenerative arthritis pursuant to Diagnostic Code 5252 have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.21, 4.40, 4.45, 4.49, Diagnostic Code 5252. 5. The criteria for entitlement to a rating in excess of 10 percent for left hip degenerative arthritis pursuant to Diagnostic Code 5252 have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.21, 4.40, 4.45, 4.49, Diagnostic Code 5252. 6. The criteria for entitlement to a rating in excess of 10 percent prior to January 15, 2021, and in excess of 0 percent as of January 15, 2021, for thigh impairment of the right hip under Diagnostic Code 5253 have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.21, 4.40, 4.45, 4.49, Diagnostic Code 5253. 7. The criteria for entitlement to a rating in excess of 10 percent prior to January 15, 2021, and in excess of 0 percent as of January 15, 2021, for thigh impairment of the left hip under Diagnostic Code 5253 have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.21, 4.40, 4.45, 4.49, Diagnostic Code 5253. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from March 2004 to February 2005. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in North Little Rock, Arkansas. In September 2019, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is of record. In December 2019 and August 2020, the Board remanded these claims to the Agency of Original Jurisdiction for additional action. Increased Rating 1. Entitlement to increased ratings for lumbar strain Disabilities of the spine that are rated under the General Rating Formula for Diseases and Injuries of the Spine include vertebral fracture or dislocation (Diagnostic Code 5235), sacroiliac injury and weakness (Diagnostic Code 5236), lumbosacral or cervical strain (Diagnostic Code 5237), spinal stenosis (Diagnostic Code 5238), unfavorable or segmental instability (Diagnostic Code 5239), ankylosing spondylitis (Diagnostic Code 5240), spinal fusion (Diagnostic Code 5241), and degenerative arthritis of the spine (Diagnostic Code 5242). Degenerative arthritis of the spine can also be rated using Diagnostic Code 5003. 38 C.F.R. § 4.71a. The General Rating Formula for Diseases and Injuries of the Spine provides that a 20 percent rating is assigned for forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, a combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. 38 C.F.R. § 4.71a. A 30 percent rating is assigned for forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine. 38 C.F.R. § 4.71a. A 40 percent rating is assigned for forward flexion of the thoracolumbar spine of 30 degrees or less; or, unfavorable ankylosis of the entire thoracolumbar spine. A 50 percent rating is assigned for unfavorable ankylosis of the entire thoracolumbar spine. A 100 percent rating is assigned for unfavorable ankylosis of entire spine. 38 C.F.R. § 4.71a. Any associated objective neurologic abnormalities, including, but not limited to, bowel or bladder impairment, should be rated separately under an appropriate Diagnostic Code. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Note (1). For VA compensation purposes, normal forward flexion of the thoracolumbar spine is 0 to 90 degrees, extension is 0 to 30 degrees, left and right lateral flexion are 0 to 30 degrees, and left and right lateral rotation are 0 to 30 degrees. The combined range of motion refers to the sum of the range of forward flexion, extension, left and right lateral flexion, and left and right rotation. The normal ranges of motion for each component of spinal motion provided in this note are the maximum that can be used for calculation of the combined range of motion. 38 C.F.R. § 4.71a, Plate V, General Rating Formula for Diseases and Injuries of the Spine, Note (2). The rater is to round each range of motion measurement to the nearest five degrees. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Note (4). In exceptional cases, an examiner may state that because of age, body habitus, neurologic disease, or other factors not the result of disease or injury of the spine, the range of motion of the spine in a particular individual should be considered normal for that individual, even though it does not conform to the normal range of motion. Provided that the examiner supplies an explanation, the examiner's assessment that the range of motion is normal for that individual will be accepted. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Note (3). Unfavorable ankylosis is a condition in which the entire cervical spine, the entire thoracolumbar spine, or the entire spine is fixed in flexion or extension, and the ankylosis results in one or more of the following: difficulty walking because of a limited line of vision; restricted opening of the mouth and chewing; breathing limited to diaphragmatic respiration; gastrointestinal symptoms due to pressure of the costal margin on the abdomen; dyspnea or dysphagia; atlantoaxial or cervical subluxation or dislocation; or neurologic symptoms due to nerve root stretching. Fixation of a spinal segment in neutral position (0 degrees) always represents favorable ankylosis. The rater is to round each range of motion measurement to the nearest five degrees. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Note (5). Disability of the thoracolumbar and cervical spine segments are to be rated separately, except when there is unfavorable ankylosis of both segments, which will be rated as a single disability. The rater is to round each range of motion measurement to the nearest five degrees. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, Note (6). Diagnostic Code 5243 provides that intervertebral disc syndrome (IVDS) is to be rated either under the General Rating Formula for Diseases and Injuries of the Spine or under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, whichever method results in the higher rating when all disabilities are combined under 38 C.F.R. § 4.25. The Formula for Rating Intervertebral Disc Syndrome (IVDS) Based on Incapacitating Episodes provides that a 10 percent rating is warranted for IVDS with incapacitating episodes having a total duration of at least one week but less than two weeks during the past 12 months. A 20 percent rating is warranted for IVDS with incapacitating episodes having a total duration of at least two weeks but less than four weeks during the past 12 months. A 40 percent rating is warranted for IVDS with incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months. A 60 percent rating is warranted for IVDS with incapacitating episodes having a total duration of at least six weeks during the past 12 months. 38 C.F.R. § 4.71a, Diagnostic Code 5243, Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes. An incapacitating episode is a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician. 38 C.F.R. § 4.71a, Diagnostic Code 5243, Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, Note (1). If intervertebral disc syndrome is present in more than one spinal segment, provided that the effects in each spinal segment are clearly distinct, each segment is to be rated on the basis of incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine, whichever method results in a higher evaluation for that segment. 38 C.F.R. § 4.71a, Diagnostic Code 5243, Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, Note (2). The Veteran's lumbar strain has been rated under Diagnostic Code 5237 as 20 percent disabling prior to January 15, 2021, and 40 percent disabling as of January 15, 2021. The Veteran's claim for an increased rating was received by VA on September 25, 2014. The Veteran contends that the rating assigned for the service-connected lumbar spine disability does not accurately compensate the severity of the disability, and that higher ratings are warranted. January 2013 X-Ray testing found a normal lumbar spine. At a March 2015 VA examination, the Veteran complained of chronic back pain. The Veteran was not found to have abnormal spinal curvatures or ankylosis. The Veteran denied flare-ups of pain. Range of motion was, at worst, to 90 degrees of flexion, 30 degrees of extension, and 30 degrees of bilateral flexion and rotation. The Veteran had a normal gait. The Veteran did not have guarding or muscle spasm of the spine, muscle atrophy, decreased reflexes or sensation, radiculopathy, ankylosis, or IVDS. The Veteran's disability was found to have no impact on the ability to work. A September 2015 MRI of the lumbar spine found degenerative changes of the thoracolumbar spine. At a March 2018 VA examination, the Veteran complained of chronic, constant back pain. Range of motion was, at worst, to 90 degrees of flexion, 30 degrees of extension, and 30 degrees of bilateral flexion and rotation. The Veteran had a normal gait. The Veteran did not have guarding or muscle spasm of the spine, muscle atrophy, decreased reflexes or sensation, radiculopathy, ankylosis, or IVDS. During a September 2019 Board hearing, the Veteran asserted a worsening of the back disability. The Veteran stated that he had difficulty sleeping, bending, and lifting as a result of the disability. The Board notes that the Veteran underwent VA examination in February 2020. However, an August 2020 Board Remand found the February 2020 examination to be incomplete and of limited probative value. Thus, the February 2020 VA examination will not be considered in adjudication of this claim. At a January 2021 VA examination, the Veteran complained of chronic, constant back pain that resulted in difficulty with heavy lifting, bending, walking, and standing. Range of motion was, at worst, to 30 degrees of flexion, 10 degrees of extension, and 10 degrees of bilateral flexion and rotation. The Veteran had a normal gait. The Veteran did not have guarding or muscle spasm of the spine, muscle atrophy, decreased reflexes or sensation, radiculopathy, ankylosis, or IVDS. Disability ratings are determined by applying the criteria set forth in VA's Schedule for Rating Disabilities. The record currently contains no other examinations that are valid for rating purposes. Initially, the Board notes that there has been no medical evidence of ankylosis of the thoracolumbar spine during the course of the appeal. Thus, a higher rating cannot be assigned on that basis. Prior to January 15, 2021, the Board finds that the evidence did not show limitation of forward flexion of the thoracolumbar spine of 30 degrees or less; or unfavorable ankylosis of the entire thoracolumbar spine. Therefore, a rating higher than 20 percent was not warranted prior to January 15, 2021. The Board has considered any additional limitation of function due to pain and other factors, but the evidence does not show any additional limitation of function that would support the assignment of a rating greater than 20 percent. As of January 15, 2021, a higher rating is not warranted because the evidence of record does not show the Veteran has ever had ankylosis of the thoracolumbar spine. Pursuant to Diagnostic Code 5237, that level of impairment is consistent with the currently assigned 40 percent rating. The Board has considered any additional functional loss due to pain or other factors but finds that the objective evidence does not show additional functional loss that would warrant elevation to any higher ratings. The Board has also considered whether a higher rating could be assigned under the intervertebral disc syndrome formula based on incapacitating episodes. However, the Veteran has not been shown to have incapacitating episodes of intervertebral disc syndrome requiring bed rest prescribed by a physician and treatment by a physician of any duration. Accordingly, the Board finds that the preponderance of the evidence is against the assignment of a rating greater than 20 percent for a lumbar spine disability prior to January 15, 2021. Thus, the claim for an increased rating prior to January 15, 2021, is denied. Additionally, the Board finds that the preponderance of the evidence is against the assignment of a rating greater than 40 percent for a lumbar spine disability as of January 15, 2021. Therefore, the Board finds that the preponderance of the evidence is against the assignment of any higher ratings and the appeal must be denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C. § 5107; 38 C.F.R. § 3.102. 2. Entitlement to increased ratings for right and left hip disabilities. The Veteran has established service connection for several manifestations of a bilateral hip disability, including limitation of extension, degenerative arthritis, limitation of flexion, and thigh impairment. Those hip disabilities are rated under Diagnostic Codes 5251 through 5253. 38 C.F.R. § 4.71a. Under Diagnostic Code 5251, limitation of extension of the thigh to five degrees warrants assignment of a 10 percent rating. No higher rating is available under that code. 38 C.F.R. § 4.71a. Under Diagnostic Code 5252, limitation of flexion of the thigh warrants a 10 percent rating when limited to 45 degrees, a 20 percent rating when limited to 30 degrees, a 30 percent rating when limited to 20 degrees, and a 40 percent rating when limited to 10 degrees. 38 C.F.R. § 4.71a. Under Diagnostic Code 5253, a 10 percent rating is also warranted for limitation of rotation of the thigh if the affected leg cannot toe-out more than 15 degrees; a 10 percent rating is warranted where adduction is limited such that legs cannot be crossed; and a 20 percent rating is assigned for limitation of abduction of the thigh with motion lost beyond 10 degrees. 38 C.F.R. § 4.71a. A January 2013 VA examination diagnosed degenerative joint disease of the bilateral hips. Bilaterally, hip range of motion was, at worst, limited to 90 degrees of flexion, extension was greater than 5 degrees, abduction was greater than 10 degrees, adduction was not limited such that the Veteran could not cross the legs, and rotation was not limited such that the Veteran could not toe-out more than 15 degrees. The Veteran was not found to have ankylosis in either hip. Muscle strength was evaluated as normal, with no evidence of any additional conditions to include ankylosis, or malunion or nonunion of the femur. An April 2013 X-Ray found osteoarthritis of the bilateral hips, greater on the right side. A March 2015 VA examination diagnosed osteoarthritis of the bilateral hips. Bilaterally, hip flexion was, at worst, limited to 125 degrees, extension was limited to 30 degrees, abduction was limited to 45 degrees, adduction was limited to 25 degrees, internal rotation was limited to 40 degrees, and external rotation was limited to 60 degrees. Repeated use over time and flare-ups were not found to significantly limit functional ability. The Veteran was not found to have ankylosis in either hip. Muscle strength was evaluated as normal, with no evidence of any additional conditions to include ankylosis, or malunion or nonunion of the femur. A September 2015 MRI of the hips found labral tear and paralabral cyst of the right and left hips. At a March 2018 VA examination, the Veteran complained of pulling and pressure pain in both hips. Right hip flexion was, at worst, limited to 110 degrees, extension was limited to 20 degrees, abduction was limited to 45 degrees, adduction was limited to 25 degrees, internal rotation was limited to 40 degrees, and external rotation was limited to 60 degrees. Left hip flexion was, at worst, limited to 100 degrees, extension was limited to 15 degrees, abduction was limited to 45 degrees, adduction was limited to 25 degrees, internal rotation was limited to 40 degrees, and external rotation was limited to 60 degrees. The Veteran was able to cross the legs. Repeated use over time and flare-ups were not found to significantly limit functional ability. The Veteran was not found to have ankylosis in either hip. Muscle strength was evaluated as normal, with no evidence of any additional conditions to include ankylosis, or malunion or nonunion of the femur. During a September 2019 Board hearing, the Veteran asserted a worsening of the bilateral hip disabilities. The Veteran stated that he had increased pain, swelling, tenderness, and difficulty sleeping, walking, sitting, and driving as a result of the disabilities. The Board notes the Veteran underwent VA hip examination in February 2020. However, an August 2020 Board Remand found the February 2020 examination to be incomplete and of limited probative value. Thus, the February 2020 VA examination will not be considered in adjudication of this claim. A January 2021 VA examination diagnosed bilateral degenerative arthritis of the bilateral hips. Bilaterally, the Veteran's hip flexion was, at worst, limited to 60 degrees, extension was limited to 5 degrees, abduction was limited to 20 degrees, adduction was limited to 55 degrees, internal rotation was limited to 15 degrees, and external rotation was limited to 25 degrees. The Veteran was able to cross his legs. The Veteran was not found to have ankylosis in either hip. Muscle strength was evaluated as normal, with no evidence of any additional conditions to include ankylosis, or malunion or nonunion of the femur. The Board finds that Diagnostic Codes 5250 and 5255 are inapplicable, as they provide for ratings based on a finding of ankylosis of a hip or malunion or nonunion of the femur. As there is no medical evidence of a diagnosis for either ankylosis or malunion or nonunion of either femur, those Diagnostic Codes cannot be applied to the current claim. With regard to the specific claim for limitation of extension, the Veteran is currently assigned a 0 percent rating prior to January 15, 2021, and a 10 percent rating effective January 15, 2021 pursuant to Diagnostic Code 5251 for degenerative arthritis of the left and right hip. Under Diagnostic Code 5251, a 10 percent rating is warranted when extension of the thigh is limited to 5 degrees. The 10 percent rating is the maximum rating assignable under this Diagnostic Code. Prior to January 15, 2021, the evidence of record does not show limitation of the extension in either hip to 5 degrees. Therefore, prior to January 15, 2021, an increased rating of 10 percent is not warranted in either hip. Effective January 15, 2021, the Veteran is assigned a 10 percent rating bilaterally. A 10 percent rating is the maximum schedular rating assignable under Diagnostic Code 5251, thus no higher rating can be assigned. The Veteran is also separately service-connected for a right hip disability based on limitation of flexion, under Diagnostic Code 5252, with a 20 percent rating assigned effective June 17, 2009. The next higher rating under Diagnostic Code 5252 of 30 percent is only warranted when flexion is at least limited to 20 degrees. The Board finds that the preponderance of evidence is against a finding that the right hip disability has ever shown limitation of flexion to 20 degrees or worse. A review of all the competent medical evidence of record, to specifically include the VA examinations, shows that the right hip disability was limited to, at worse, 60 degrees of flexion. Therefore, an increased rating is not warranted for the right hip disability pursuant to Diagnostic Code 5252. The Veteran is also separately service-connected for a left hip disability based on limitation of flexion, under Diagnostic Code 5252, with a 10 percent rating assigned effective June 17, 2009. The next higher rating under Diagnostic Code 5252 of 20 percent is only warranted when flexion is at least limited to 30 degrees. The Board finds that the preponderance of evidence is against a finding that the left hip disability has ever shown limitation of flexion to 30 degrees or worse. Therefore, an increased rating is not warranted for left hip under Diagnostic Code 5252. The Board has considered possibility of assigning a higher rating under the criteria of 38 C.F.R. § 4.40 and 38 C.F.R. § 4.45. However, there is no indication in the medical evidence of record, to include the VA hip examination reports, that any subjective complaints, such as pain, fatigue, incoordination, or weakness, result in additional limitation of function so as to meet the criteria for any higher ratings. While there is evidence of painful movement in the bilateral hips and thighs, that has not demonstrated to be so significant as to cause sufficient functional limitation as to warrant any higher ratings. In addition, the Board finds that a compensable rating is already assigned for the left hip disability under another Diagnostic Code and the provisions of 38 C.F.R. § 4.59 are satisfied. The Veteran claims that the hip disabilities warrant higher ratings. However, the medical evidence of record does not show that the hip disabilities objectively warrant any increased ratings under the applicable Diagnostic Codes. The Board finds that the Veteran, as lay person, is not shown to possesses the relevant medical knowledge, education, or training, to assess the objective criteria requisite for a higher rating, as it relates to the left and right hip disabilities. Jandreau v. Nicholson, 491 F.3d 1372 (Fed. Cir. 2007). The Board finds that the probative value of the objective evidence set forth by the medical professional in the VA examinations outweigh the subjective lay assertions of the Veteran. Under Diagnostic Code 5253, a 10 percent rating is only warranted with a showing of limitation of rotation where the affected leg cannot toe-out more than 15 degrees, or limitation of adduction so that the Veteran cannot cross the legs; or a 20 percent rating is warranted with abduction less than 10 degrees. With regard to the specific claim for thigh impairment of the bilateral hips, the Veteran is assigned a 10 percent rating prior to January 15, 2021, and a 0 percent rating as of January 15, 2021, pursuant to Diagnostic Code 5253 for thigh impairment of the left and right hip. During VA examination in February 2020, which has subsequently been found to be incomplete by the Board, the Veteran's bilateral hip adduction was found to be limited such that the Veteran could not cross the legs. Therefore, the Veteran was assigned 10 percent ratings, effective February 7, 2020, for thigh impairment of the bilateral hips. Thigh abduction was, at worst, limited to 25 degrees during the February 2020 VA examination. Prior to January 15, 2021, the Board notes that the evidence of record does not show that the left or right hip disability resulted in limitation of abduction of the thigh with motion lost beyond 10 degrees. Therefore, the Board must find that ratings in excess of 10 percent, prior to January 15, 2021, are not warranted, and the claim must be denied. Effective January 15, 2021, the evidence of record does not show that the Veteran's left or right hip disability, resulted in limitation of rotation where the affected leg cannot toe-out more than 15 degrees, or limitation of adduction so that the Veteran could not cross the legs. Therefore, the Board must find that a rating in excess of 0 percent, effective January 15, 2021, is not warranted, and the claim must be denied. The Board notes that the ratings of thigh impairment being reviewed are original ratings and therefore the procedures regarding reductions are inapplicable. (Continued on the next page) Therefore, the Board finds that the preponderance of the evidence is against the assignment of any higher ratings for the right and left hip disabilities. Therefore, the claims for increased ratings must be denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mondesir, Eric The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.