Question:
Hey Jim, I had total hip replacement on my left hip. It was not service-connected at the time, but I had evidence in my C file stating of an injury to that hip in service. 2 years later, they finally service- connected me. Can I be awarded temp IU and should they be paying me at least 30 % going forward! Thx.
Jim's Reply:
Probably not. If you hadn't filed a claim for a hip problem before the hip replacement (not service connected) then there's no starting point...you have to file a claim to get a benefit.
If you had the surgery and then later decided to file a claim, your claim would only be effective to the date of filing. I'm not sure how you think TDIU plays into any of this since TDIU requires at least a 60% or a 70% rating?