Citation Nr: 18157774 Decision Date: 12/13/18 Archive Date: 12/13/18 DOCKET NO. 13-00 002A DATE: December 13, 2018 ORDER Entitlement to an initial 10 percent rating, but no higher, for tinea pedis (claimed as bilateral foot fungus and discoloration) is granted. FINDING OF FACT Throughout the appeal period, the Veteran’s tinea pedis has required the use of intermittent systemic therapy to treat the condition. CONCLUSION OF LAW Throughout the appeal period, the criteria for a 10 percent rating, but no higher, for tinea pedis have been met. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 3.102, 4.3, 4.7, 4.118, Diagnostic Code (DC) 7806, 7813 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1982 to October 1984. This matter comes before the Board of Veterans’ Appeals (BVA or Board) on appeal from a November 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. In March 2016, the Veteran testified before an Acting Veterans Law Judge, who is no longer employed by the Board. A transcript of that hearing is of record. This matter was previously before the Board in June 2016, when it was remanded to afford the Veteran a second hearing. The Veteran appeared at a Board hearing before the undersigned in December 2018. Entitlement to an initial 10 percent rating, but no higher, for tinea pedis is granted. Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities, found in 38 C.F.R., Part 4. The rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The ratings are intended to compensate, as far as can practicably be determined, the average impairment of earning capacity resulting from such diseases and injuries and their residual conditions in civilian occupations. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria for that rating. Otherwise the lower rating will be assigned. 38 C.F.R. § 4.7. All benefit of the doubt will be resolved in the Veteran’s favor. 38 C.F.R. § 4.3. Where the appeal arises from the original assignment of a disability evaluation following an award of service connection, the severity of the disability at issue is to be considered during the entire period from the initial assignment of the disability rating to the present time. See Fenderson v. West, 12 Vet. App. 119 (1999). Staged ratings are appropriate for an increased rating claim whenever the factual findings show distinct time periods where the service-connected disability exhibits symptoms that would warrant different ratings. See Hart v. Mansfield, 21 Vet. App. 50 (2007). The Veteran’s service-connected tinea pedis is currently rated as noncompensable effective February 27, 2009, under 38 C.F.R. § 4.118, DC 7813. Under DC 7813, tinea pedis can be rated as disfigurement of the head, face, or neck (DC 7800), scars (DC’s 7801, 7802, 7803, 7804, or 7805), or dermatitis (DC 7806), depending on the predominant disability. Under DC 7806, a noncompensable rating is warranted if less than 5 percent of the entire body or exposed areas are affected and no more than topical therapy is required during the previous 12 months. A 10 percent rating is warranted where between 5 percent and 20 percent of the entire body or exposed areas are affected or intermittent systemic therapy is required for a duration of less than six weeks during the previous 12-month period. A 30 percent rating is warranted if 20 percent to 40 percent of the body or exposed areas are affected and systemic therapy is used to treat the condition for 6-12 weeks in the previous 12-month period. A 60 percent rating is warranted if more than 40 percent of the entire body or more than 40 percent of exposed areas is affected, or; if constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs is required during the past 12-month period. 38 C.F.R. § 4.118, DC 7806. Given the evidence, the Board finds that a 10 percent rating is warranted for the entire appeal period. The evidence of record indicates that treatment of this condition has required intermittent corticosteroid injections, a systemic therapy, since May 2010. See VA Treatment Record dated May 18, 2010. Indeed, post-service VA treatment records reflect that the Veteran has been treated with corticosteroid injections for his tinea pedis throughout the period on appeal. See VA Treatment Records dated September 29, 2011, June 13, 2013, December 19, 2014, and April 8, 2016. Thus, the Board finds that a 10 percent rating is warranted based upon such intermittent systemic therapy, which occurred for less than six-week periods annually throughout the majority of the appeal period. However, a higher rating is not available under DC 7806 because such therapy was not used more often and the condition did not cover 20 percent or more of the Veteran’s total or exposed body area. Moreover, the Veteran indicated that his appeal would be fully satisfied if he were granted a 10 percent rating for his skin/nail condition of the feet. As the August 2016 VA examiner noted that there was no disfigurement of the head, face or neck, a rating under DC 7800 does not apply here. Additionally, there is nothing in the medical record to suggest that the Veteran has suffered from scarring resulting from his tinea pedis in order to rate him under DCs 7801, 7802, 7803, 7804, or 7805. Accordingly, the Board finds that the preponderance of the evidence supports a 10 percent rating, but no higher, effective February 27, 2009. 38 U.S.C. § 5107(b) (2012); 38 C.F.R. § 4.85, DC 7806, 7813 (2017); see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). H. M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Erin J. Trojanowski, Associate Counsel