The Board denied the Veteran's claim for a rating greater than 10 percent for post-surgical right foot hallux valgus status post (S/P) right bunionectomy and remanded the claim for a rating greater than 10 percent for hiatal hernia with gastroesophageal reflux disease (GERD) status post (S/P) Nissen Fundoplication.
The deciding factor: The Veteran's disability more closely approximates the criteria for the highest schedular rating available under DC 5280, and there is no evidence of related components that would warrant a higher or separate evaluation. For GERD, the VA examiner failed to consider the symptoms and effects of GERD on the Veteran's daily life without the ameliorative effects of medication.
- Claimed conditions
- post-surgical right foot hallux valgus status post (S/P) right bunionectomy, hiatal hernia with gastroesophageal reflux disease (GERD) status post (S/P) Nissen Fundoplication
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 29, 2025
- Citation
- A25047834
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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