The RO reduced the veteran's disability evaluation from 50 percent to 30 percent for his service-connected right hip replacement. The Board found this reduction improper because it was not based on a VA examination showing material improvement under ordinary conditions of life.
The deciding factor: The reduction in rating was not consistent with the provisions of 38 C.F.R. § 3.344, as there has been no appreciable favorable change in the service-connected right hip disability since the grant of the 50 percent rating.
- Claimed conditions
- residuals of total right hip replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 30, 2008
- Citation
- 0837394
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 0837394.
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: Dismissed
The Veteran withdrew his appeal for a higher disability rating for his service-connected right hip replacement.
- Whole decision: Denied
The Board finds that the Veteran's right hip disorder was not incurred in active military service and does not meet the criteria for presumptive service connection. The preponderance of evidence is against finding a link between the current right hip disorders and service.
- Whole decision: Denied
The Veteran's service-connected disabilities do not render him unemployable, as he is able to perform a sedentary job in a quiet location with face-to-face contact.
- Whole decision: Denied
The VA determined that the veteran's service-connected right hip disability, which required total hip replacement surgery, warranted a 70 percent rating since March 1, 1999. The evidence did not support an increase to a higher rating as crutches were not necessary for ambulation.
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