The Veteran's claims for increased ratings were denied. The lumbar spine disability was found to be manifested by pain and functional loss, but not ankylosis or incapacitating episodes lasting at least 6 weeks. For the left great toe and hallux valgus deformity of the first metatarsophalangeal joint, the disability was productive of mild to moderate symptoms prior to February 22, 2008 and severe symptoms from November 11, 2011 onwards. The second toe with metatarsalgia was found to be productive of mild to moderate symptoms since September 18, 2007.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating as it did not demonstrate ankylosis or incapacitating episodes lasting at least 6 weeks. The left great toe and hallux valgus deformity were found to be productive of severe symptoms from November 11, 2011 onwards, warranting a 30% disability rating under Diagnostic Code 5276. The second toe with metatarsalgia was found to be productive of mild to moderate symptoms since September 18, 2007.
- Claimed conditions
- lumbar spine degenerative disc disease with disc herniation, residuals of surgery to the left great toe with hallux valgus deformity and osteoarthritis of the left first metatarsophalangeal joint, residuals of surgery to the left second toe with metatarsalgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 2, 2013
- Citation
- 1314503
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 1314503.
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