The Board denied the Veteran's claim for special monthly compensation (SMC) based on loss of use of lower extremities, finding that his service-connected lumbar spine disability and bilateral lower extremity radiculopathy do not meet the criteria for 'loss of use' as defined by VA regulations.
The deciding factor: The medical evidence did not show that the Veteran's bilateral lower extremities were so impaired such that no effective function remained other than what would be equally well served by an amputation with prosthesis, despite his significant lower extremity impairment and reported symptoms of pain, weakness, gait dysfunction, and neuropathy.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with intervertebral disc syndrome (IVDS), Bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179453
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.
- Partly granted
The Board granted service connection for residuals of a traumatic brain injury and special monthly compensation based on the need of regular aid and attendance, while remanding the issue of service connection for a seizures disorder.
- Granted
The Board granted service connection for a low back disability and bilateral lower extremity radiculopathy, finding that the Veteran's current conditions were caused by his in-service injuries.
- Partly granted
The Board granted service connection for cervical and lumbar spine disabilities, headaches, and bilateral lower extremity radiculopathy. It also dismissed the claims for higher ratings of reactive airway disease, allergic rhinitis, and PTSD, denied service connection for CFS and TBI, and granted a 30% rating for IBS.
- Granted
The Board granted earlier effective dates for the grants of service connection for degenerative arthritis of the spine with bilateral sacroiliac joint dysfunction, injury of nerves at right wrist and hand level, neuritis of the musculocutaneous nerve (superficial peroneal), injury of nerves at right wrist and hand level, all radicular groups, and nerve damage to right wrist and hand (claimed as right wrist condition). Service connection for bilateral lower extremity radiculopathy was also granted as secondary to service-connected degenerative arthritis with sacroiliac joint dysfunction.
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