The Veteran's appeal for SMC higher than (m) plus (k) was denied as his service-connected disabilities do not meet the criteria for a higher rating under section 1114(o). The Veteran has more than one disability rated at 100 percent, but does not have two or more separate and distinct disabilities that would qualify him for SMC rates listed in subsections (l) through (n).
The deciding factor: The Veteran's service-connected disabilities do not meet the criteria for a higher rating under section 1114(o) as he does not have two or more separate and distinct disabilities that would qualify him for SMC rates listed in subsections (l) through (n).
- Claimed conditions
- Benign pituitary adenoma with diabetes mellitus type II (DMII), Splenicoloncutaneous fistula, Stage 2 kidney failure with hypertension, Obstructive sleep apnea syndrome (OSA), Avascular necrosis, right shoulder status post arthroplasty, Ventral hernias, Avascular necrosis, left humeral head status post arthroplasty, Traumatic arthritis of the left ankle, Lumbar strain with L1 vertebral hemangioma, Right knee laxity, Right medial meniscal tear, 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
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19104782.
What this means for you
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What you can do next
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- Remanded (sent back)
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