The Veteran's claim for a higher rate of SMC based on loss of use of the right upper extremity is dismissed because he is already receiving SMC at an intermediate rate due to additional disabilities, including diabetes mellitus and prostate cancer residuals.
The deciding factor: The Veteran is already in receipt of SMC benefits at an intermediate rate between 38 U.S.C. § 1114(l) and 38 C.F.R. § 1114(m) due to additional disabilities, including diabetes mellitus and prostate cancer residuals.
- Claimed conditions
- loss of use of right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- July 27, 2022
- Citation
- 22042747
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 22042747.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities require a higher level of aid and attendance, necessitating personal health-care services provided on a daily basis by a person who is licensed to provide such services. The Board has granted the increased SMC (r)(2) based on this need.
- Remanded (sent back)
The Board has decided to remand the case due to a failure to consider whether the Veteran's service-connected disabilities prior to November 28, 2016, may have entitled him to higher-level SMC.
- Granted
The Veteran's claim for an increased rating for loss of use of the right upper extremity was denied, but his claim for special monthly compensation based on aid and attendance (A&A) was granted.
- Denied
The Veteran's claim for a higher rating for bilateral hearing loss was denied as there is no evidence of entitlement prior to June 13, 2019.,TDIU benefits were granted effective June 28, 2017, based on the date the Veteran filed his claim. The effective date for Dependents' Educational Assistance was also set at this time.
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