The Board denied an earlier effective date for the award of special monthly compensation based on loss of use of bilateral lower extremities, finding that no pending claims existed prior to August 5, 2016.
The deciding factor: There were no pending, unadjudicated claims for special monthly compensation based on loss of use of the lower extremities prior to August 5, 2016.
- Claimed conditions
- Loss of use of bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 7, 2019
- Citation
- 19177111
Veterans Law Judge
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 19177111.
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: Granted
The Board has granted an effective date of August 3, 2021 for the award of special monthly compensation (SMC) at the (r)(1) rate based on the Veteran's need for aid and attendance due to his disabilities.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to errors in notification and medical evaluation, as well as a need for an updated medical opinion regarding personal care services needs.
- Whole decision: Granted
The Veteran's adult child, K.M.G., is awarded an effective date of September 27, 2012, for additional dependency compensation due to the establishment of a rating in the percentage specified by law for that purpose.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a need for additional development regarding whether the Veteran's impairment of bilateral lower extremities constitutes 'loss of use' as defined by VA regulations. The remand requires obtaining a medical opinion on the level of functional impairment and comparing it to what would be achieved with amputation stumps at the site of election below the knees with suitable prosthetic appliances.
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