The veteran's claim for higher SMC was denied as he does not meet the criteria for a rate above the intermediate level between 38 U.S.C.A. § 1114(l) and (m).
The deciding factor: The veteran's loss of use of both feet is rated at 100% under 38 U.S.C.A. § 1114(o), which corresponds to the maximum rate.
- Claimed conditions
- Loss of use of both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- March 13, 2003
- Citation
- 0304642
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 0304642.
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 granted the Veteran's entitlement to special monthly compensation (SMC) at the rate under 38 U.S.C. § 1114(o) based on the presence of two SMC(l) awards. The SMC(o) rate is warranted because the Veteran has suffered disability under conditions that would entitle him to two or more of the rates provided in subsections (l) through (n), with no condition being considered twice.
- Denied
The Board denied service connection for loss of use of both hands and feet, as well as higher levels of special monthly compensation based on these conditions.
- Granted
The Veteran was granted an effective date of August 5, 2013, for the award of special monthly compensation (SMC) at various rates based on his service-connected conditions.
- Granted
The Board granted special monthly compensation (SMC) based on the loss of use of both hands and feet, as the evidence supports that the Veteran has lost effective function in his extremities to a degree that would be equally well-served by amputation with suitable prosthetic appliances.
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