The Veteran's appeal for a higher level of SMC for loss of use of bilateral hips was denied as he is already receiving the maximum rate of compensation authorized under 38 U.S.C. § 1114(p) for his loss of use of lower extremities.
The deciding factor: The evidence did not show that the Veteran had a 100% disability other than for loss of use of the feet, and his psychiatric disability did not meet the criteria for a 100% rating.
- Claimed conditions
- loss of use of the feet, degenerative lumbar disc disease and scoliosis, anxiety disorder, radiculopathy of the left lower extremity, left hip scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 22, 2018
- Citation
- 18143706
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 18143706.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's tinnitus was granted service connection. The Board found the VA audiological examination inadequate for adjudicative purposes and remanded for an adequate VA audiological examination to determine if the Veteran has bilateral hearing loss. Service connection for PTSD, anxiety disorder, and depression is also remanded as there are insufficient competent medical evidence on file.
- Granted
The Board has granted the Veteran's claim for service connection for an acquired psychiatric condition, specifically anxiety disorder and major depressive disorder, which is found to be due to military sexual trauma experienced during service. The decision also notes that the Veteran's reports of in-service personal assault are credible and supported by medical opinions.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for tinnitus, anxiety disorder, back disability, left shoulder disability, right shoulder disability, and right knee disability. The claim for service connection for residuals of a concussion is remanded.
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