The veteran's right ankle disability was initially granted service connection and a rating in March 1946. He did not appeal this decision. In February 1950, he filed an application for automobile allowance and/or adaptive equipment, which included a claim for SMC based on loss of use of one foot. The RO denied his claim due to the lack of evidence showing loss of use of one foot at that time. In August 2004, VA awarded him SMC effective from August 7, 1975, based on his earlier application. The Board found that the June 1950 denial was clearly and unmistakably erroneous due to a change in regulatory criteria.
The deciding factor: The veteran's right ankle disability met the criteria for loss of use of one foot as defined by VA regulations at the time of his initial claim, but not at the time of the June 1950 RO decision.
- Claimed conditions
- Right ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 8, 2006
- Citation
- 0628188
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 0628188.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Dismissed
The Board dismissed the claims for service connection for various disabilities, including bilateral hearing loss, right knee, right hand, left knee, right ankle, and residuals of a traumatic brain injury due to untimely appeals or lack of evidence supporting current disability.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Dismissed
The Board dismissed the appeals for a compensable rating for bilateral hearing loss, an increased rating for tinnitus, service connection for vertigo, and service connection for a right ankle disability due to untimely VA Form 10182 submissions without good cause shown.
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