The Veteran's appeal is remanded due to the need for further evaluation regarding his entitlement to higher levels of SMC and a rating increase for his residual left knee injury. The Board found that he does not meet the legal criteria for SMC under 38 U.S.C. § 1114(o) based on the lack of anatomical loss or use in his feet, hands, or eyes.
The deciding factor: The Veteran's functional abilities in his lower extremities and hands do not meet the criteria for loss of use as defined by VA regulations, despite subjective reports of limitations. Objective medical evidence does not support a finding that his balance and propulsion are equal to amputation with prosthesis.
- Claimed conditions
- Dysthymic disorder, Chronic fatigue syndrome, Epilepsy, Mucous colitis, Residuals of lumbar strain, Tinnitus, Eczema, Gingival overgrowth, Right knee arthritis, Left knee injury, Left lower extremity radiculopathy, Right Achilles rupture, Left wrist fracture, Right thumb, Chronic sinusitis, Chronic bronchitis, Herpes simplex, Impotence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2019
- Citation
- 19105934
Veterans Law Judge
Decisions by this judge: 1,960 · Granted: 36% (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 19105934.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
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