The Veteran's claim for SMC at the (k) rate due to loss of use of hands and feet was denied as he does not have loss of use of a hand or foot such that he has no effective function remaining other than what would be equally well served by an amputation stump with prosthesis.
The deciding factor: The Veteran's vertigo and gait issues do not meet the criteria for loss of use of hands or feet as defined in VA regulations, despite his service-connected disabilities.
- Claimed conditions
- Meniere's syndrome or endolymphatic hydrops with bilateral hearing loss and tinnitus, posttraumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 5, 2023
- Citation
- A23034654
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. Read the original VA decision (opens in a new tab) using citation A23034654.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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