The Board denied the Veteran's claim for special monthly compensation (SMC) based on loss of use due to several lower extremity disabilities, as no effective function remains other than that which would be equally well served by an amputation stump with a prosthesis.
The deciding factor: The evidence did not show that the Veteran had lost use of his lower extremities, as he could walk up to a quarter mile and perform some daily activities despite using assistive devices.
- Claimed conditions
- right and left hip strain, right and left knee osteoarthritis, pes planus, right and left hallux valgus, lumbar spine degenerative osteoarthritis, right and left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2025
- Citation
- A25028925
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied increased ratings for the Veteran's back, right ring finger, and left foot hallux valgus disabilities but granted an initial 30 percent rating for pes planus from August 17, 2021, a 50 percent rating for pes planus from December 15, 2023, and a separate 10 percent rating for bilateral plantar fasciitis from August 17, 2021.
- Remanded (sent back)
The Board remands the claim for a left foot disability to correct a pre-decisional duty to assist error, specifically regarding an inadequate October 2024 VA examination.
- Denied
The Board denied service connection for pes planus, bilateral degenerative changes of the feet, bilateral hammertoe deformity, bilateral foot ulcers, and onychomycosis as there was no evidence to support an increase in severity during active service.
- Dismissed
The appeal for service connection and increased ratings was dismissed due to untimely filing of the notice of disagreement.
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