The Board denied the veteran's claim for an earlier effective date for the grant of a total schedular rating based on loss of use of both feet and special monthly compensation, finding that the November 1998 rating decision was not the result of clear and unmistakable error.
The deciding factor: The evidence before the RO at the time of the November 1998 rating decision did not definitively demonstrate that the veteran met the criteria for loss of use of both feet based on VA medical reports dated after January 24, 2001.
- Claimed conditions
- Loss of use of both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- September 21, 2005
- Citation
- 0525920
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 0525920.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a higher level of SMC and SMC based on loss of use of the lower extremities due to duty-to-assist errors, lack of sufficient medical evidence, and inextricably intertwined issues.
- Granted
The Veteran is granted an effective date of June 26, 2015 for the award of service connection and SMC based on loss of use of both feet.
- Granted
The Veteran's SMC was granted at the intermediate level between 38 U.S.C. § 1114(m) and (n) due to additional disabilities including peripheral neuropathies, tinnitus, hearing loss, and lymphoma.
- Granted
The Board has granted effective dates of February 11, 2020 for service connection of loss of use of both hands and feet as secondary to the Veteran's service-connected Parkinson's disease.
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