The Veteran's appeal for an earlier effective date for SMC due to loss of use of the right leg is denied. The issue of service connection for neuropathy of the upper extremities was dismissed as the appellant withdrew it.
The deciding factor: The Veteran submitted a claim for SMC under 38 CFR § 3.350 in November 1997, which was initially denied due to lack of evidence showing loss of use of the right leg. The effective date for SMC was granted on June 13, 2003, based on the Veteran's admission to VA hospital with osteomyelitis and subsequent amputation.
- Claimed conditions
- neuropathy of the upper extremities, loss of use of right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 6, 2010
- Citation
- 1016844
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 1016844.
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 service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Whole decision: Granted
The veteran's service-connected disabilities were found to prevent him from obtaining and maintaining substantially gainful employment, so he was granted an extraschedular total disability rating based on individual unemployability (TDIU) effective January 26, 2010.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for various musculoskeletal and neurological disorders due to the need for additional medical examinations.
- Whole decision: Remanded (sent back)
The Veteran's PCAFC eligibility is being remanded due to a lack of explanation for denying his eligibility, and the need for an opinion on whether it is in his best interest to participate in the program.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.