The Veteran's bilateral hallux valgus is not severe enough to warrant a compensable rating.,The Veteran's left shoulder strain does not meet the criteria for a higher than 20 percent rating.,The Veteran's reactive airway disease (RAD) does not meet the criteria for a higher than 10 percent rating.,The Veteran's eczema, groin cyst, and tinea cruris do not meet the criteria for a higher than 10 percent rating.
The deciding factor: The Veteran’s bilateral hallux valgus does not equate to amputation of the great toe or have been operated on with resection of the metatarsal head, thus not meeting the required severity for a compensable rating under DC 5280.,The Veteran's left shoulder strain has manifested as no worse than flexion to 180 degrees, abduction to 160 degrees, external rotation to 90 degrees, and internal rotation to 70 degrees with further limitation during flare-ups. The current rating of 20 percent is appropriate given the limitations.,The Veteran's reactive airway disease (RAD) has pre-bronchodilator pulmonary function test results of at least 78% FEV-1/FVC, which does not meet the criteria for a higher than 10 percent rating under DC 6602. The current rating is appropriate.,The Veteran's eczema, groin cyst, and tinea cruris have manifested by coverage of 5 to 20 percent of his total skin requiring topical medication but no systemic therapy such as corticosteroids or other immunosuppressive drugs. The current ratings are appropriate.
- Claimed conditions
- bilateral hallux valgus, left shoulder strain, reactive airway disease (RAD), eczema, groin cyst, and tinea cruris
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2020
- Citation
- 20002530
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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