The Veteran is already in receipt of SMC at the (l) rate for loss of use of both feet. The Board denied entitlement to additional, separate SMC(k) rates for the loss of use of each foot due to pyramiding and duplication of benefits.
The deciding factor: Assigning additional, separate ratings for loss of use of each foot would violate the rules prohibiting pyramiding as it would compensate the Veteran twice for the same service-connected disability, the loss of use of a foot.
- Claimed conditions
- loss of use of lower extremities, peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- October 6, 2020
- Citation
- A20015236
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 service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for a bilateral foot disability to obtain further development, including adequate VA examinations and opinions.
- Denied
The Board denied the veteran's claims for a higher initial rating for other specified trauma and stressor-related disorder, service connection for peripheral neuropathy, a skin disorder of the genital region, and a right knee disability. The claim for sleep apnea was remanded.
- Dismissed
The appeal for service connection for multiple conditions was dismissed due to the untimely filing of the Board Appeal request.
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