The Board denied the appeal as there was no clear and unmistakable error in granting SMC at the K rate for loss of use of the left hand, based on the evidence then of record.
The deciding factor: The August 2005 rating decision did not involve CUE because the evidence did not show additional conditions that would warrant a higher level of SMC.
- Claimed conditions
- Loss of use of the left hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 16, 2019
- Citation
- 19129579
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19129579.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board remands the claims for special monthly compensation due to loss of use of the hands and feet, as the AOJ failed to consider these issues in the Veteran's increased rating claims.
- Whole decision: Granted
The Veteran's left hand had no effective functioning other than what would have been equally well served by the use of a suitable prosthetic appliance after amputation, leading to an award of special monthly compensation (SMC) based on the loss of use of the left hand.
- Whole decision: Granted
The Board has determined that the criteria for a 60 percent evaluation for loss of use of the left hand were met as of December 3, 2004 and granted an effective date of December 3, 2004.
- Whole decision: Granted
The veteran's claim for an increased rating for his left hand disability was granted, with a current rating of 60 percent effective November 3, 1999. The issue is not about service connection.
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