The Veteran's initial rating for a bunion of the right foot is denied as it exceeds the maximum schedular evaluation available under Diagnostic Codes 5279 and 5280. The claim for service connection for left ear otitis media was not addressed in this decision.
The deciding factor: The preponderance of evidence does not support a higher rating for the bunion of the right foot, as it is already at its maximum schedular evaluation under Diagnostic Codes 5279 and 5280. The claim for service connection for left ear otitis media was not addressed in this decision.
- Claimed conditions
- bunion of the right foot, left ear otitis media
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 26, 2009
- Citation
- 0924230
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 0924230.
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.
- Partly granted
The Board granted service connection for tinnitus, a lower back disability, residuals of inguinal hernia repair, residuals of umbilical hernia repair, and sinusitis. Service connection was denied for an ulcer, bilateral hearing loss, hypertension, diabetes mellitus type II, and acne.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a bunion of the right foot for additional development, including obtaining an addendum medical opinion and verifying any duty dates in October 2008.
- Remanded (sent back)
The Board has remanded the claims of service connection for bilateral hearing loss, left ear otitis media, chronic pharyngitis, and a spine disability due to inadequate VA examinations that did not consider the appellant's lay statements.
- Dismissed
The Veteran's appeal regarding his claim for service connection for a bunion of the right foot has been dismissed due to their death during the pendency of the appeal.
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