The Board has determined that the veteran's service-connected disabilities, including multiple sclerosis and dementia, have resulted in a level of incapacity consistent with loss of use of both feet. Therefore, SMC based on loss of use of both feet is granted.
The deciding factor: The medical evidence shows severe incoordination and motion in the veteran's lower extremities, requiring continuous use of assistive devices such as a cane and wheelchair or the aid of another person to get around, which is tantamount to 'loss of use' of his feet.
- Claimed conditions
- multiple sclerosis, dementia, impairment of rectal and anal sphincter control, bladder impairment, right lower extremity weakness associated with multiple sclerosis, dementia, left lower extremity weakness, left upper extremity weakness, headaches associated with multiple sclerosis, dementia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2004
- Citation
- 0416796
Veterans Law Judge
Decisions by this judge: 1,555 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0416796.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
- Denied
The Veteran's service-connected disabilities did not render him in need of regular aid and attendance of another, as his need for assistance is associated with nonservice-connected conditions.
- Granted
The Board has granted an increase in PCAFC benefits to Level 2, finding that the Veteran requires continuous supervision or protection due to his cognitive decline and repeated falls.
- Dismissed
The Board dismissed the appeal for service connection for dementia because the Veteran's Notice of Disagreement was not timely filed.
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