The Veteran's appeal for SMC at a level higher than 38 U.S.C. § 1114(l) was dismissed because the March 2021 rating decision did not deny entitlement to SMC, as it was replaced by a finding of clear and unmistakable error (CUE).
The deciding factor: The March 2021 rating decision was found to have CUE, which resulted in its reversal and replacement with a new effective date for SMC at the intermediate rate between subsection (l) and subsection (m).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2022
- Citation
- A22020168
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 A22020168.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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