Citation Nr: 21040483 Decision Date: 07/03/21 Archive Date: 07/03/21 DOCKET NO. 10-31 453 DATE: July 3, 2021 ORDER Entitlement to a 30 percent rating from December 23, 2011, to March 8, 2012, to a 10 percent rating from March 8, 2012, to March 29, 2021, and to a 60 percent rating thereafter, for bilateral tinea pedis is granted. FINDINGS OF FACT 1. The record evidence shows that, prior to December 23, 2011, the Veteran's bilateral tinea pedis required no more than topical therapy. 2. The record evidence shows that, from December 23, 2011 to March 8, 2012, the Veteran's bilateral tinea pedis required systemic therapy for six weeks or more but not constantly over a 12-month period. 3. The record evidence shows that, from March 8, 2012 to March 29, 2021, the Veteran's bilateral tinea pedis required systemic therapy for less than six weeks over a 12-month period. 4. The record evidence shows that, since March 29, 2021, the Veteran's bilateral tinea pedis required constant or near constant systemic therapy. CONCLUSION OF LAW The criteria for entitlement to a 30 percent rating from December 23, 2011, to March 8, 2012, to a 10 percent rating from March 8, 2012, to March 29, 2021, and to a 60 percent rating thereafter, for bilateral tinea pedis are met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.118, Diagnostic Code (DC) 7806. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the Army from April 1969 to December 1971 and served in the National Guard from August 1981 to May 2004. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2009 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to a compensable rating for bilateral tinea pedis was denied by the Board in August 2017. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court) which resulted in an October 2018 joint motion for partial remand (JMPR) by the parties. The Board subsequently remanded this appeal in March 2020 for compliance with the JMPR. The Board finds substantial compliance with the remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board finds that the evidence supports assigning a 30 percent rating from December 23, 2011, to March 8, 2012, to a 10 percent rating from March 8, 2012, to March 29, 2021, and to a 60 percent rating thereafter, for the Veteran's service-connected bilateral tinea pedis. He was awarded a noncompensable rating for his bilateral tinea pedis effective January 9, 2009 (the date of the claim). The condition was rated pursuant to 38 C.F.R. § 4.118, DC 7806. The rating criteria for skin disabilities were amended effective August 13, 2018. See 83 Fed. Reg. 32592 (July 13, 2018). The March 2009 rating decision rated the Veteran's bilateral tinea pedis under the prior version of DC 7806. The Board now considers whether a higher rating is warranted under both the prior and amended versions of DC 7806 and will apply whichever version of the DC resulting in a higher rating. The record evidence shows that, prior to December 23, 2011, the Veteran's bilateral tinea pedis was treated exclusively with topical therapy. Thus, he is not entitled to a compensable rating for that period. He had a VA examination in December 2011. Although the record reflects that, he was not treated with systemic corticosteroids or other immunosuppressive medication at that time, the examiner noted that over the past twelve months he was treated with Lamisil for six weeks or more but not constantly. Lamisil belongs to a class of drugs called Antifungals, Systemic. Therefore, as of December 23, 2011 (the date of the examination), the bilateral tinea pedis warranted a 30 percent rating. When the Veteran had a VA examination in March 2012, the examiner noted that in the previous twelve months he was treated with Lamisil for less than six weeks. Thus, as of March 8, 2012, the bilateral tinea pedis warranted a 10 percent rating. Finally, the Veteran recently underwent a VA examination in March 2021. That examiner noted the tinea pedis was dormant during the examination, so no percentage of the body was affected, but the examiner also noted that the Veteran was treated for tinea pedis with constant or near constant oral antifungal medications. Therefore, the bilateral tinea pedis warranted a 60 percent rating effective March 29, 2021, the date of the examination. See Jones v. Shinseki, 26 Vet. App. 56, 63 (2012); see also McCarroll v. McDonald, 28 Vet. App. 267 (2016) (finding that, if not specifically contemplated by the rating criteria, a higher rating may not be denied based on the ameliorative effects of medication). The Board also has considered whether, during the applicable periods, a higher rating for the Veteran's bilateral tinea pedis is warranted under alternative DCs. Because there are no findings of disfigurement of the head, face, or neck, DC 7800 is not applicable. Ratings under DCs 7801-7805 similarly are inapplicable because the Veteran does not have any scars associated with his skin disability. Consistent with the Veteran's lay assertions, the record evidence supports the assignment of an increased 30 percent rating from December 23, 2011, to March 8, 2012, a 10 percent rating from March 8, 2012, to March 29, 2021, and a 60 percent rating thereafter, for his service-connected bilateral tinea pedis. The Veteran otherwise has not identified or submitted any evidence demonstrating his entitlement to increased ratings for his service-connected bilateral tinea pedis at other times during the appeal period. In summary, and after resolving any reasonable doubt in the Veteran's favor, the Board finds that the criteria for a 30 percent rating from December 23, 2011, to March 8, 2012, to a 10 percent rating from March 8, 2012, to March 29, 2021, and to a 60 percent rating thereafter, for bilateral tinea pedis have been met. MICHAEL T. OSBORNE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Z. Sloley, Associate Counsel 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.