The appeals for increased ratings and service connection were denied due to untimely filing of the Notice of Disagreement (NOD).,The appeals for increased ratings and service connection were denied due to untimely filing of the Notice of Disagreement (NOD).
The deciding factor: The NODs were not timely filed, which is a jurisdictional bar.
- Claimed conditions
- status post left total hip replacement, osteoarthritis, right knee (status post meniscal tear), status post right total hip replacement with osteoarthritis and history of labral tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2024
- Citation
- 24017009
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 24017009.
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.
- Granted
The Board has determined that the Veteran's status post left total hip replacement is secondary to his service-connected left knee tendonitis, and thus grants service connection for this condition.
- Denied
The Board denied the Veteran's claim for service connection for a left hip disability, finding that there was no evidence of a chronic condition in service or continuity of symptomatology. The preponderance of the evidence did not support a link between the current hip disability and an in-service injury.
- Granted
The Board finds that the evidence is in equipoise with regard to whether the service-connected left hip replacement more nearly approximates moderately severe or markedly severe residuals, warranting a 50% or 70% rating respectively. The Veteran's symptoms include pain and limited range of motion.
- Granted
The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that he is entitled to TDIU.
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