The Veteran's appeal for special monthly compensation (SMC) under 38 U.S.C.A. § 1114(k) for loss of use of the right upper extremity has been dismissed as moot due to the grant of SMC in a previous rating decision.
The deciding factor: The February 2014 RO rating decision granted SMC based on loss of use of one hand, which included the Veteran's right upper extremity neurological damage. As this benefit was already granted, there remained no question of fact or law pertaining to the issue at the time of the July 2014 Joint Motion for Partial Remand (JMR).
- Claimed conditions
- Right upper extremity neurological damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- October 15, 2014
- Citation
- 1445668
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 1445668.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
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