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Denied

The Veteran's lumbosacral spine disability is rated at 60 percent, but the claim for a higher rating remains denied.,The Veteran's cervical spine disability is rated at 20 percent, and the claim for a higher rating remains denied.,The Veteran's left knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's right knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's partial avulsion of right biceps muscle is not compensable, as it approximates slight limitation of function of Muscle Group V.,The Veteran's fungal infection of the bilateral feet is rated at 10 percent, but no more. The scars are painful on examination.,The Veteran's GERD is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's migraine headaches are rated at 30 percent, and the claim for a higher rating remains denied.

The deciding factor: The lumbosacral spine disability does not approximate unfavorable ankylosis of the entire spine. The cervical spine is not ankylosed, with forward flexion to 20 degrees or better.,The Veteran's left knee has extension to 5 degrees or better and flexion to 100 degrees or better, with pain but no instability. Right knee disability has extension to 5 degrees or better and flexion to 110 degrees or better, with pain but no instability.,Partial avulsion of the right biceps muscle most closely approximates a slight limitation of function of Muscle Group V.,The fungal infection of the bilateral feet is manifested by two painful scars. The Veteran's GERD is manifested by persistently recurring epigastric distress with dysphagia, pyrosis and regurgitation but not by substernal or arm and shoulder pain and not productive of considerable impairment of health.,Migraine headaches are manifested by prostrating headaches more than once per month. The Veteran's GERD is rated at 10 percent, as it does not meet the criteria for a higher rating.

Claimed conditions
lumbosacral spine disability (status post discectomy L4-5, L-3 laminectomy and partial L-4 laminectomy), cervical spine disability (chronic cervical strain with degenerative hypertrophic changes), degenerative joint disease of the left knee, degenerative joint disease of the right knee, partial avulsion of right biceps muscle, fungal infection of the bilateral feet, GERD (gastroesophageal reflux disease), migraine headaches
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
December 7, 2012
Citation
1241805

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 1241805.

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