The Board denied the veteran's claim for SMC at a rate in excess of the intermediate rate between 38 U.S.C.A. § 1114(m) and (n), finding that his service-connected disabilities did not meet the criteria for such an increase.
The deciding factor: The veteran's service-connected traumatic encephalopathy, left homonymous hemianopsia, and residual left-sided weakness were found to independently rate at 50 percent or more but did not meet the specific requirements for SMC at a higher rate.
- Claimed conditions
- Traumatic encephalopathy, Left homonymous hemianopsia, Left-sided weakness (arm and leg), Residual left-sided weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 5, 2001
- Citation
- 0115395
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 0115395.
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: Remanded (sent back)
The Board has remanded the case for additional development to determine if the Veteran's cause of death was related to his service, including his service in Vietnam. The examiner is asked to provide an opinion on whether a psychiatric disorder and suicide are at least as likely as not caused by or related to service.
- Whole decision: Dismissed
The Veteran's claim for a rating in excess of 30 percent for traumatic encephalopathy has been dismissed due to the death of the appellant.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claim due to insufficient evidence regarding his service connection for residuals of a head injury. The case will be further developed by the RO.
- Whole decision: Denied
The veteran's spouse is entitled to an apportionment of the veteran's VA benefits due to his failure to provide adequate support, but there is no basis for recoupment of a portion of the benefits being apportioned.
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