The Veteran's claim for an effective date earlier than March 24, 2004, for the award of special monthly compensation (SMC) for loss of use of both feet is denied as there is no legal basis to grant such a request due to the finality of the June 2005 rating decision.
The deciding factor: The claim lacks legal merit because the effective date assigned in the June 2005 decision is final and cannot be revised on any grounds, including CUE.
- Claimed conditions
- Loss of use of both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2010
- Citation
- 1018878
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 1018878.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
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