The veteran's claim for a higher level of SMC was denied as he did not meet the criteria for loss or use of both hands and feet, despite having multiple service-connected disabilities.
The deciding factor: The medical evidence showed that while the veteran had difficulty ambulating, he could walk with the aid of a cane. He did not have loss or use of both lower extremities as required by the regulations for SMC at the 'O' rate.
- Claimed conditions
- degenerative joint disease and gouty arthritis of the right hand, degenerative joint disease and gouty arthritis of the left hand, degenerative arthritis of the lumbar spine, degenerative joint disease with gout of the right ankle, degenerative joint disease with gout of the left ankle, degenerative and gouty arthritis of the right foot with hallux valgus, degenerative and gouty arthritis of the left foot with hallux valgus, degenerative and gouty arthritis of the right shoulder, degenerative and gouty arthritis of the left shoulder, degenerative joint disease and gout of the right elbow, degenerative joint disease and gout of the left elbow, degenerative and gouty arthritis of the right hip, degenerative and gouty arthritis of the left hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2006
- Citation
- 0605441
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 arthritis of the lumbar spine, left shoulder, and bilateral plantar fasciitis. The appeal was also granted to reopen a claim for service connection for bilateral hip disability.
- Dismissed
The Veteran withdrew his appeal for special monthly compensation based on the need for aid and attendance due to service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection for chronic lymphocytic leukemia, degenerative arthritis of the lumbar spine, hypertension, and migraine headaches to correct pre-decisional duty to assist errors.
- Dismissed
The Veteran withdrew all appeals in the 220823-484193 docket prior to the Board's consideration.
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