The Board has granted an earlier effective date of July 31, 2008 for the award of special monthly compensation (SMC) based on 38 U.S.C. § 1114(r)-(1). The March 2016 rating decision was found to have made a clear and unmistakable error in applying the law or regulations.
The deciding factor: The effective date for SMC at the R-1 rate is determined by the date of eligibility, which is July 31, 2008 when the Veteran became service-connected for left hemiplegia.
- Claimed conditions
- left hemiplegia, right foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- March 11, 2021
- Citation
- 21014003
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 21014003.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for right foot drop as secondary to the service-connected lumbosacral spine condition. The claims for right ankle, right knee, and left knee conditions are remanded.
- Granted
The Veteran's service-connected expressive aphasia with left hemiplegia is rated at a 100 percent initial rating effective October 4, 2024. The Veteran also receives SMC for complete organic aphonia with constant inability to communicate by speech, loss of use of the left arm, and loss of use of the left leg.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of current conditions or residuals that would warrant higher ratings.
- Partly granted
The Board granted service connection for a back disability, right lower extremity radiculopathy, and right foot drop. The claim for urinary dysfunction was remanded.
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