The Veteran's service-connected disabilities do not meet the criteria for a higher SMC rating as they do not include more than one separate and distinct disability that would entitle him to two or more of the SMC rates listed in subsections (l) through (n).
The deciding factor: The evidence does not show that the Veteran has more than one separate and distinct service-connected disability that would entitle him to two or more of the SMC rates listed in subsections (l) through (n).
- Claimed conditions
- Benign pituitary adenoma with diabetes mellitus type II (DMII), Adrenal insufficiency, Splenic colocutaneous fistula, Stage 2 kidney failure with hypertension, Obstructive sleep apnea syndrome (OSA), Vascular necrosis, right shoulder, Vascular necrosis, left humerus, Chronic lumbar strain with L1 vertebral hemangioma, Laxity, right knee, Medial meniscal tear, right knee, Left quadriceps tear, Vertigo, Pericardial window procedure for pericarditis, Post thrombophlebitis syndrome, right leg, Post thrombophlebitis syndrome, left leg, Plantar fasciitis of each foot, Hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 22, 2019
- Citation
- 19104782
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.
- Dismissed
The appeal concerning the service connection for various conditions and the propriety of a rating reduction has been withdrawn by the Appellant.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Remanded (sent back)
The Board remands the issues of increased rating for back disability, service connection for sleep apnea, left heel, and hemorrhoids, as well as entitlement to a TDIU prior to August 1, 2025, for additional development.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, effective August 28, 2018, due to clear and unmistakable error in the October 2018 rating decision. Service connection was also granted for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral hearing loss and tinnitus.
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