The Board finds that the evidence is in relative equipoise as to whether the veteran's current loss of use of both feet is secondary to his service-connected residuals, L-1 fracture. Therefore, service connection for loss of use of both feet is granted.
The deciding factor: Given the medical evidence and opinions provided, the Board finds that there is an approximate balance of positive and negative evidence regarding whether the veteran's current loss of use of his feet is secondary to his service-connected residuals, L-1 fracture. Therefore, resolving any reasonable doubt in favor of the veteran, service connection for loss of use of both feet is warranted.
- Claimed conditions
- Loss of use of both feet
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 17, 2008
- Citation
- 0812734
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.
- Granted
The Board granted the Veteran's entitlement to special monthly compensation (SMC) at the rate under 38 U.S.C. § 1114(o) based on the presence of two SMC(l) awards. The SMC(o) rate is warranted because the Veteran has suffered disability under conditions that would entitle him to two or more of the rates provided in subsections (l) through (n), with no condition being considered twice.
- Denied
The Board denied service connection for loss of use of both hands and feet, as well as higher levels of special monthly compensation based on these conditions.
- Granted
The Veteran was granted an effective date of August 5, 2013, for the award of special monthly compensation (SMC) at various rates based on his service-connected conditions.
- Granted
The Board granted special monthly compensation (SMC) based on the loss of use of both hands and feet, as the evidence supports that the Veteran has lost effective function in his extremities to a degree that would be equally well-served by amputation with suitable prosthetic appliances.
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.