The Board found that the veteran does not meet the medical criteria for loss of use of her left upper extremity, and therefore denied her claim for Special Monthly Compensation based on loss of use of the left upper extremity.
The deciding factor: The medical evidence established that the veteran's function in her left upper extremity was more than what would be obtained by an above-elbow amputation and prosthesis.
- Claimed conditions
- left shoulder adhesive capsulitis, osteoporosis, invasive ductal carcinoma of the left breast, modified radical mastectomy of the left breast, breast nodules to include calcifying fibroadenoma of the right breast status post lumpectomy and left breast status post biopsies for fibrocystic breast disease, peripheral neuropathy of the left upper extremity, fractures of the right foot with capsulitis and post-operative neuroma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2006
- Citation
- 0607589
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.
- Dismissed
The veteran withdrew his appeal seeking increased ratings for various conditions, including peripheral neuropathy and non-alcoholic steatohepatitis.
- Remanded (sent back)
The appeal for special monthly pension (SMP) based on the need for regular aid and attendance or housebound status is remanded to ensure that the appellant receives every possible consideration, including a new VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including foot, knee, hip, shoulder, and peripheral neuropathy conditions, to ensure proper development of evidence.
- Granted
The Board granted service connection for peripheral neuropathy of the right and left upper and lower extremities, as well as right and left lower extremity sciatica.
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