The Board denied the veteran's claim for special monthly compensation on account of loss of use of both lower extremities due to his service-connected disabilities, finding that he does not meet the criteria for SMC under VA regulations.
The deciding factor: The veteran's service-connected conditions do not result in extremely unfavorable ankylosis of joints or shortening of the lower extremities, and his loss of use is attributed to nonservice-connected conditions such as diabetic neuropathy, coronary artery disease, and deep vein thrombosis.
- Claimed conditions
- major depression with psychosis, diabetes mellitus, Type II, gunshot wound of the right hip, lumbar paravertebral myositis, dorsal scoliosis, L-5/S-1, deep vein thrombosis of the left lower extremity, deep vein thrombosis of the right lower extremity, bilateral pulmonary embolism with mild airway restriction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 1, 2006
- Citation
- 0627704
Veterans Law Judge
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 0627704.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since June 2, 2017. The Board has decided that he is entitled to a TDIU effective from that date.
- Dismissed
The appeals for service connection on four separate conditions (diabetes mellitus, hypertension, kidney disease, and right knee replacement) have been dismissed due to the Veteran's death.
- Granted
The Veteran's diabetes mellitus, Type II is granted as secondary to his service-connected acquired psychiatric disorder.
- Remanded (sent back)
The Board has remanded the claims for diabetes mellitus, Type II and related peripheral neuropathies as well as erectile dysfunction and coronary artery disease due to in-service exposure to toxic substances. The AOJ is required to verify whether the USS Suribachi was a brown water ship known to transport Agent Orange and obtain a VA examination to determine if these conditions are related to service.
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