The Veteran's SMC for anatomical loss of one foot was denied as he already received the maximum award based on his disability picture.
The deciding factor: SMC limits are set by statute and cannot be increased based on anatomical loss alone.
- Claimed conditions
- left below the knee amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 18, 2019
- Citation
- 19155220
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 19155220.
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: Denied
The appeals seeking an effective date prior to November 8, 2011, for the award of a TDIU rating and an effective date prior to November 8, 2011, for the award of basic eligibility to DEA are dismissed.,Entitlement to an initial rating in excess of 60 percent for left below the knee amputation is denied. The Veteran's service-connected disabilities do not satisfy the criteria for SMC at the (o) rate, the maximum rate authorized under 38 U.S.C. § 1114(p), or SMC at the rate intermediate between the rates authorized under (n) and (o) and SMC at the (k) rate.,Entitlement to an initial rating in excess of 20 percent for amputation of the right second toe from October 29, 2012, to November 14, 2012, is denied. The Veteran underwent a right below the knee amputation due to non-healing of his right second toe.
- Whole decision: Granted
The Board granted earlier effective dates for the grants of service connection for diabetes mellitus, Type II, diabetic retinopathy, and diabetic nephropathy, as well as awards of service connection for various peripheral neuropathies and amputations.
- Whole decision: Granted
The Veteran's TDIU claim was granted effective August 15, 2014. The VA also awarded eligibility for Dependents' Educational Assistance (DEA) benefits effective the same date.,An earlier effective date of August 15, 2014, was granted for both the TDIU and DEA benefits due to the Veteran's service-connected disabilities.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to concerns about medication use and blood circulation issues that may have contributed to his amputations.
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