The veteran's service-connected disabilities do not meet the criteria for a higher level of special monthly compensation at a rate greater than 38 U.S.C.A. � 1114(l), to include loss of use of the arms and legs.
The deciding factor: The veteran has multiple service-connected disabilities, but none that would qualify him for SMC based on anatomical loss or loss of use of both hands or both legs at a level preventing natural knee action with prosthesis in place. The combined evaluation is 100 percent, and he does not have loss or loss of use of either lower or upper extremities.
- Claimed conditions
- degenerative joint disease of the lumbar, degenerative joint disease of the dorsal, degenerative joint disease of the cervical spine, residuals of a gunshot wound to the left shoulder with degenerative joint disease, degenerative joint disease of the knees, degenerative joint disease of the ankles, degenerative joint disease of the wrists, degenerative joint disease of the hips, degenerative changes of the hands, frostbite of hands and feet, post operative left eye pterygium and keratoplasty, degenerative joint disease of the elbows
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 15, 2004
- Citation
- 0425412
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 0425412.
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.
- Partly granted
The Board granted service connection for degenerative joint disease of the cervical spine and radiculopathy affecting both upper and lower extremities, while dismissing the claim for cervicogenic headaches.
- Granted
The Veteran's service-connected disabilities, including degenerative joint disease of the cervical spine, right upper extremity radiculopathy, degenerative joint disease of the lumbar spine, and right lower extremity radiculopathy, have resulted in a combined rating of 60 percent as of March 15, 2019. The Board has granted an earlier effective date for TDIU to this point.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment, leading to a TDIU grant.
- Remanded (sent back)
The Board remanded the claims for readjudication and further development, as new and relevant evidence had been submitted since the prior denials.
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