The veteran's claims for special monthly compensation based on loss of use of the lower extremities and a certificate of eligibility for specially adapted housing or a certificate of eligibility for a special home adaption grant were denied due to lack of evidence showing anatomical loss or loss of use of both lower extremities.
The deciding factor: The veteran's service-connected disabilities do not meet the criteria for SMC based on loss of use of the lower extremities as there is no effective function remaining other than what would be equally served by an amputation with a suitable prosthetic appliance.
- Claimed conditions
- chronic obstructive pulmonary disease, major depressive disorder, residuals of tonsillitis, nicotine dependence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2006
- Citation
- 0631846
Veterans Law Judge
Decisions by this judge: 1,555 · Granted: 19% (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 0631846.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
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The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Dismissed
The Veteran's appeal for service connection for posttraumatic stress disorder and major depressive disorder has been dismissed as the appellant requested withdrawal of the appeal.
- Remanded (sent back)
The Board has decided that the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD, should be remanded due to a failure to verify a stressor related to the death of his two best friends in Iraq. The AOJ needs to develop this stressor.
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