The veteran's claim for a temporary total rating based on right hip replacement surgery performed in July 2003 is denied because the claim was filed more than one year after the need for convalescence began.
The deciding factor: The claim was received by the RO more than one year after the date of the surgery and his need for convalescence began, which does not meet the legal requirement for a temporary total rating based on need for convalescence.
- Claimed conditions
- Right Hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 13, 2008
- Citation
- 0805153
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 0805153.
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: Granted
The Veteran's service connection claims for various knee and back disabilities, as well as radiculopathy in the right lower extremity (RLE) and left lower extremity (LLE), have been granted. Service connection is also granted for a right hip disability secondary to his back disability.
- Whole decision: Dismissed
The Board has dismissed the Veteran's appeal for service connection of a right shoulder disability. Service connection is granted for OSA, left ankle, lumbar spine, and right hip disabilities. The claims for an acquired psychiatric disorder and coronary artery disease are remanded.
- Whole decision: Denied
The Board has denied service connection for the Veteran's claimed right knee, left knee, right hip, left hip, right shoulder, and left shoulder conditions as there is no persuasive evidence that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Whole decision: Dismissed
The Board dismissed the Veteran's appeals for evaluations of his right hip and thigh limitations, finding that he withdrew his appeal. The effective date for a separate evaluation of 20 percent for right hip limitation of abduction is set at September 29, 2017.
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