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
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (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 0605441.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for a higher rating, compensable rating, and extension of temporary total evaluation for his lumbar spine disability have been dismissed due to the Veteran withdrawing all claims in April 2022.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Granted
The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine and associated radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total rating based on individual unemployability (TDIU) effective October 23, 2024.
- Granted
The Veteran's degenerative arthritis of the lumbar spine is granted as service connection due to continuity and chronicity since it began in service.
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