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 assigned
- 100%
- Decision date
- April 16, 2019
- Citation
- 19129579
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.
- 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.
- 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, warranting SMC based on loss of use of the left hand.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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