The Board found that the grant of service connection for loss of use of both feet was clearly and unmistakably erroneous, as there is no evidence showing permanent loss or use of one or both feet due to knee instability.,The grant of automobile and adaptive equipment benefits were also deemed clearly and unmistakably erroneous.
The deciding factor: Service connection for the loss of use of both feet was based on knee instability which did not result in actual loss of use, as evidenced by VA examinations showing stable knees without significant instability.
- Claimed conditions
- Loss of use of both feet, Bilateral Knee Disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2014
- Citation
- 1404081
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 1404081.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a higher level of SMC and SMC based on loss of use of the lower extremities due to duty-to-assist errors, lack of sufficient medical evidence, and inextricably intertwined issues.
- Remanded (sent back)
The Board has determined that there was a pre-decisional duty to assist error and requires a new medical determination considering all the medical information of record.
- Granted
The Veteran is granted an effective date of June 26, 2015 for the award of service connection and SMC based on loss of use of both feet.
- Granted
The Veteran's SMC was granted at the intermediate level between 38 U.S.C. § 1114(m) and (n) due to additional disabilities including peripheral neuropathies, tinnitus, hearing loss, and lymphoma.
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.