The Veteran's claim for SMC based on loss of use of the left upper extremity is denied as there is no legal basis for an earlier effective date prior to April 16, 2019.
The deciding factor: The evidence shows that the Veteran’s hemiparesis of the left upper extremity precedes his claim for SMC by more than a year, and therefore, an earlier effective date within the one-year look back period is not granted.
- Claimed conditions
- loss of use of the left upper extremity, hemiparesis of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- October 28, 2020
- Citation
- A20016153
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.