The Board has granted SMC at the rate provided under 38 U.S.C. § 1114(m) based on anatomical loss of the left leg so near the hip as to prevent use of a prosthetic appliance with loss of use of the left hand, effective June 29, 2012. The Board has also granted SMC at the rate provided under 38 U.S.C. § 1114(n) based on entitlement to SMC at the rate provided under 38 U.S.C. § 1114(m), with additional disability (PTSD with traumatic brain injury rated at 100%), effective October 18, 2016.
The deciding factor: The Veteran's anatomical loss of the left leg so near the hip as to prevent use of a prosthetic appliance and his service-connected loss of use of the left hand met the criteria for SMC at the rate provided under 38 U.S.C. § 1114(m). The additional disability (PTSD with traumatic brain injury rated at 100%) met the criteria for SMC at the rate provided under 38 U.S.C. § 1114(n).
- Claimed conditions
- Left Leg Amputation with Loss of Use of Left Hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 28, 2019
- Citation
- 19181522
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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