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
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.
- Partly granted
The Board granted service connection for sleep disturbances, to include obstructive sleep apnea, as secondary to an anxiety disorder. The increased rating claim for the anxiety disorder was denied, and the heart condition claim was dismissed.
- Denied
The Board denied service connection for depression, PTSD, and an anxiety disorder due to the lack of a current diagnosis.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
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