The Board denied the veteran's claim for an effective date earlier than July 12, 2000 for an award of special monthly compensation on account of the loss of use of a creative organ. The decision is based on the fact that no legal benefit can be awarded due to the lack of entitlement under the law.
The deciding factor: The claim must be denied based on a lack of entitlement under the law, as there was no specific claim for special monthly compensation prior to 2001 when the legislation authorizing the benefit became effective in 1952 and no claim was made between 1948 and 2001.
- Claimed conditions
- left herniorrhaphy residuals, left testicular atrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2006
- Citation
- 0623665
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 Veteran's initial claim for a higher rating for left varicocele, status post-surgery with neurological manifestations was denied. However, the Board granted a separate 10 percent rating under Diagnostic Code 7120 for symptoms of intermittent edema and aching in the left leg after prolonged walking.
- Remanded (sent back)
The Board has remanded the Veteran's claims for initial compensable ratings for left testicular atrophy with hypogonadism and erectile dysfunction associated with vasectomy-related genital trauma due to inadequate development of the evidentiary record.
- Denied
The Veteran's claim for a compensable initial rating for left testicular atrophy was denied as there is no evidence of complete atrophy or removal of both testicles. The benefit of the doubt did not apply, and SMC for loss of one creative organ was granted instead.
- Denied
The VA denied an initial compensable rating for left testicular atrophy as there is no evidence of complete atrophy or removal of both testes, or a non-functioning right testis.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.