The Board denied the Veteran's claim for an earlier effective date for the grant of special monthly compensation (SMC) based on the loss of a creative organ, finding that May 21, 2001 is the appropriate effective date as there was no prior pending claim and the Veteran did not file one before this date.
The deciding factor: The Veteran's claim for an earlier effective date was denied because he did not file a claim for service connection of impotence associated with his service-connected left hemipelvectomy for giant sarcoma prior to May 21, 2001. The exception found at 38 U.S.C.A. § 5110(b) is not applicable as the Veteran's separation from service was in 1968 and he did not file a claim within one year of his discharge.
- Claimed conditions
- impotence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 26, 2016
- Citation
- 1621269
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. Search VA.gov for the original decision (opens in a new tab) using citation 1621269.
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 has remanded the case due to new evidence received, and a VA examination is needed to determine if the Veteran's erectile dysfunction with impotence is related to his service or any service-connected conditions.
- Whole decision: Granted
The Board has granted service connection for tinnitus and denied service connection for an acquired psychiatric disorder (to include depression) and impotence.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection have been remanded due to errors in notification letters.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of trench mouth, impotence, COPD, and emphysema for further development due to duty-to-assist errors.
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