The veteran's claim for an earlier effective date for a 100% temporary total disability evaluation was denied as it did not become factually ascertainable that he was entitled to such prior to April 6, 1999 when he underwent surgery.
The deciding factor: It was not factually ascertainable that the veteran was entitled to a 100% temporary total disability evaluation prior to his surgery on April 6, 1999.
- Claimed conditions
- Right Hip Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 23, 2001
- Citation
- 0108565
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0108565.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
- Whole decision: Denied
The Board denied an increased rating for the Veteran's right hip disability, finding that her current 10 percent rating adequately reflects her symptoms and limitations.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's right hip disability, which may be related to service or secondary to his service-connected bilateral pes planus.
- Whole decision: Granted
The Board has granted service connection for both a right hip disability and a left hip disability, finding that the Veteran's observable symptoms of pain and stiffness began during his active service and have persisted.
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