The appeals seeking an effective date prior to November 8, 2011, for the award of a TDIU rating and an effective date prior to November 8, 2011, for the award of basic eligibility to DEA are dismissed.,Entitlement to an initial rating in excess of 60 percent for left below the knee amputation is denied. The Veteran's service-connected disabilities do not satisfy the criteria for SMC at the (o) rate, the maximum rate authorized under 38 U.S.C. § 1114(p), or SMC at the rate intermediate between the rates authorized under (n) and (o) and SMC at the (k) rate.,Entitlement to an initial rating in excess of 20 percent for amputation of the right second toe from October 29, 2012, to November 14, 2012, is denied. The Veteran underwent a right below the knee amputation due to non-healing of his right second toe.

The deciding factor: The appeals were dismissed as the Appellant withdrew her claims for effective dates prior to November 8, 2011. For the left below the knee amputation, the current rating is at its maximum allowed under Diagnostic Code 5162. The right second toe amputation was granted secondary to diabetes on October 29, 2012, which is earlier than the date of claim.

Claimed conditions

left below the knee amputation, right second toe amputation

How they argued it

Secondary to another service-connected condition

Exposure basis

None

Rating assigned

60%

Decision date

April 7, 2026

Citation

A26031410

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 A26031410.