The Board denied the motion to revise a previous decision on grounds of clear and unmistakable error (CUE) because the moving party's claim for temporary total convalescent rating under 38 C.F.R. 4.30 was not timely filed within one year after his eligibility period ended, as evidenced by the date of receipt of his private hospitalization records.
The deciding factor: The Board found that the moving party had first received a notification about his claim for benefits on January 27, 2000, which was more than one year after he was eligible for the benefit due to the termination of his eligibility period following discharge from hospitalization in January 1999.
- Claimed conditions
- status post heart valve replacement for chronic endocarditis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2003
- Citation
- 0327137
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0327137.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
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- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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