The Veteran's loss of use of both feet is granted with a special monthly compensation (SMC) based on the loss of use of both legs. The issue of entitlement to an earlier effective date for a TDIU rating is dismissed as moot due to the grant of a 100 percent schedular rating. The case is remanded for further development regarding the Veteran's lumbar spine disability.
The deciding factor: The Veteran’s bilateral lower extremity radiculopathy causes functional impairments that preclude unassisted balance and propulsion, rendering him equally well served by use of suitable prosthetic appliances. A TDIU is considered a lesser benefit than a 100 percent schedular rating, making the issue moot.
- Claimed conditions
- loss of use of both feet, lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2021
- Citation
- 21000014
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. Look up the original decision on VA.gov (opens in a new tab) using citation 21000014.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's service-connected disabilities result in the permanent loss of use of his left foot and upper right extremity, allowing for entitlement to an allowance for an automobile or other conveyance and adaptive equipment.
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- Partly granted
The Veteran's appeal of his right ear hearing loss claim is dismissed. His claims for tinnitus, pseudofolliculitis barbae, and several other conditions are granted. The remaining claims are remanded.
- Granted
The Veteran's claims for separate 20% ratings for left and right shoulder limitation of motion have been granted effective April 15, 2019. These were previously pending but not formally submitted until after the October 2015 rating decision became final.
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