Citation Nr: 21009275 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 20-26 734 DATE: February 22, 2021 ORDER Service connection for diabetic ulcer, right foot, is granted. FINDING OF FACT The Veteran’s diabetic ulcer, right foot, is proximately due to his service-connected diabetes mellitus. CONCLUSION OF LAW The criteria for service connection for diabetic ulcer, right foot, as secondary to service-connected diabetes mellitus are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1963 to May 1968. This case comes before the Board of Veteran’s Appeals (Board) on appeal of a February 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a February 19, 2021, hearing before the undersigned Veterans Law Judge (VLJ). A hearing transcript will be associated with the file in the ordinary course of business. At his Board hearing, the Veteran clarified the issue on appeal as limited to the right foot only. Entitlement to service connection for diabetic ulcer, right foot. The Veteran contends that he has ulceration of the right foot related to his service-connected diabetes mellitus. More specifically, he testified at a February 19, 2021, Board hearing that he has diabetic ulcer of the right foot near the ball at the base of his great toe; it began around 2016 with a blister-like skin eruption, which he initially self-treated, but the symptoms did not improve; and he has had continuing regular care from a wound specialist for recurring diabetic right foot ulcer. The Veteran testified that, although at times it seemed as though the wound (ulcer) was healing, it was not healing but rather would fester under the skin then break through and weep. He described his treatment, which included debridement of wound. Service connection may be granted for a disability that is proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. § 3.310. The Board concludes that the criteria for service connection for diabetic ulcer, right foot, are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.303, 3.310. First, the Veteran is service connected for diabetes mellitus. Indeed, the record shows that the February 2018 rating decision on appeal granted service connection for diabetes mellitus effective from September 27, 2017. Second, there is competent and credible evidence of record showing that the Veteran has been diagnosed with diabetic ulcer, right foot. Private treatment records show right foot ulceration. A May 2019 note shows that the Veteran has diabetic skin ulceration with the wound present for almost two years, and that the wound appeared to almost heal before once again weeping. The examiner described the presence of “recurrent trophic ulcers on the plantar surface of the first metatarsal head right foot.” See Medical Treatment Record – Non-Government Facility (March 2020). This evidence is consistent with the Veteran’s sworn testimony before the Board. Third, there is competent and credible evidence of record showing that the Veteran’s diagnosed recurrent trophic ulcers of the right foot are linked to his service-connected diabetes. A May 2019 private note indicates that the Veteran had “diabetic ulcer” of the right foot and diabetes mellitus with an underlying condition of the right foot. Multiple private treatment records, to include those dated in December 2017, February 2018 and May 2019, reflect an assessment of “diabetic ulcer of right foot.” See Medical Treatment Record – Non-Government Facility (March 2020). The above evidence supports a finding that the Veteran has right foot ulcer associated with his service-connected diabetes mellitus. To the extent that the record includes a VA contracted January 2018 Diabetes Mellitus Disability Questionnaire, which checked a box to indicate that the Veteran did not have conditions such as a skin condition, the Board finds that it has no probative value because it does not include a complete medical history and appears focused tightly on the Veteran’s diabetes mellitus itself rather than any associated symptoms, coupled with the fact that it is incongruous with the Veteran’s complaints and findings as documented in this private treatment records. (Continued on the next page)   Accordingly, the claim is granted subject to the laws and regulations governing the payment of VA monetary benefits. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Edwards The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.