The Board found that the June 1954 rating decision terminating SMC for loss of use of the right foot was not the product of clear and unmistakable error (CUE). The Veteran's contentions were based on his belief that he had loss of use of the right foot, but the evidence at the time did not support this conclusion.
The deciding factor: The June 1954 rating decision was consistent with the evidence then of record and the law in effect at that time. The Veteran's contentions were based on his belief that he had loss of use of the right foot, but the evidence did not support this conclusion.
- Claimed conditions
- Loss of use of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 4, 2010
- Citation
- 1005274
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. Read the original VA decision (opens in a new tab) using citation 1005274.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board remands the claims for special monthly compensation due to loss of use of the hands and feet, as the AOJ failed to consider these issues in the Veteran's increased rating claims.
- Whole decision: Denied
The Veteran's claim for a higher rating for her right foot/ankle disability and scars was denied. She is currently rated at 40 percent for the disability, effective from December 18, 2011.,For the period prior to April 30, 2012, she was not granted an initial compensable rating for her right foot/ankle scars.
- Whole decision: Remanded (sent back)
The Board has remanded this case due to the need for a VA examination to determine if the Veteran has loss of use of his right foot, which is required for special monthly compensation (SMC).
- Whole decision: Denied
The Veteran's appeal for a higher rating for his right foot disability and TDIU prior to June 30, 2008 was denied. The Board found that the Veteran's symptoms were fully encompassed by the current 40 percent rating under DC 5167.
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