The Board denied the Veteran's appeal for an earlier effective date for special monthly compensation (SMC) based on loss of use of the bilateral lower extremities, finding that the evidence did not support a determination that he lost the use of both legs prior to October 29, 2019.
The deciding factor: The Board found that the weight of the evidence was against a finding that the Veteran's bilateral lower extremity radiculopathy resulted in the loss of use of both legs prior to October 29, 2019.
- Claimed conditions
- bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2025
- Citation
- A25036466
Veterans Law Judge
Decisions by this judge: 785 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25036466.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Veteran is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Granted
For the period prior to October 29, 2021, SMC under 38 U.S.C. § 1114(s) based on housebound status is denied.,For the entire appeal period, SMC under 38 U.S.C. § 1114(l) based on need of regular aid and attendance is granted.
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