Citation Nr: 22014190
Decision Date: 03/11/22	Archive Date: 03/11/22

DOCKET NO. 15-39 761
DATE: March 11, 2022

ORDER

Service connection for left foot fungus infection is granted.

FINDING OF FACT

Resolving all doubt in the Veteran's favor, the record shows that the Veteran's left foot skin condition had its onset in service.

CONCLUSION OF LAW

The criteria to establish service connection for left foot skin condition have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from July 2000 to July 2004 and from March 2007 to August 2007 and from May 2009 to February 2013, including service in Iraq and Afghanistan. The Veteran served in combat and his decorations include the Combat Action Badge. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2014 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously before the Board in September 2019 and November 2021 and remanded for additional development.

Service Connection

Left feet skin fungus

The Veteran seeks service connection for left feet skin condition. In support, the Veteran credibly reported recurrent left feet fungus problems in and since service, which he initially reported to clinicians during service. See VA medical examination (September 2021).

In general, service connection may be granted for a disability or injury incurred in or aggravated by active military service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may also be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. § 1110; 38 C.F.R. § 3.303.

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. See Alemany v. Brown, 9 Vet. App. 518 (1996).

Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA's policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. See 38 U.S.C. § 1154(a); 38 C.F.R. § 3.303(a).

The Board is charged with the duty to assess the credibility and weight given to evidence. Madden v. Gober, 125 F.3d 1477, 1481 (Fed. Cir. 1997), cert. denied, 523 U.S. 1046 (1998); Wensch v. Principi, 15 Vet. App. 362, 367 (2001). Indeed, in Jefferson v. Principi, 271 F.3d 1072 (Fed. Cir. 2001), the United States Court of Appeals for the Federal Circuit (Federal Circuit), citing its decision in Madden, recognized that that Board had inherent fact-finding ability.  Id. at 1076; see also 38 U.S.C. § 7104(a). Moreover, the United States Court of Appeals for Veterans Claims (Court) has declared that in adjudicating a claim, the Board has the responsibility to weigh and assess the evidence. Bryan v. West, 13 Vet. App. 482, 488-89 (2000); Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992). 

The Veteran was diagnosed with onychomycosis of toenails with a date of onset of symptoms in 2003 and 2012, thus establishing the first element for service connection. See VA medical examinations (March 2014 and September 2021).  Indeed, his medical record shows recurrent treatment for his left skin condition since service. Id; VA medical treatment record (November 2016); see also non-VA medical treatment record (September 2015).

The Board acknowledges that on December 2021 a VA examiner provided a negative nexus opinion on the Veteran's left foot skin relation to service. However, the Board finds that the medical and lay evidence shows that the Veteran's left feet skin condition had its onset in service and have been recurrent since that time.  Thus, consistent with the Veteran's reports of recurrent left foot skin condition and treatment since service, the evidence on record shows that the Veteran's left foot skin disability had its onset in service. 

The Veteran is competent to report his left foot skin symptoms that began in service and the Board finds the Veteran's statements credible. See 38 C.F.R. § 3.159 (a)(2); Washington v. Nicholson, 19 Vet. App. 362, 368 (2005); Layno. The Board finds that the lay evidence is consistent with other evidence of record, namely the March 2014 and September 2021 VA examiners reports that his condition had its onset in 2003 and 2013, while he was in service. As a result, the Board finds that the medical and lay evidence, shows that the Veteran's left feet skin condition disability had its onset in service and have been recurrent since that time. 

In light of the foregoing, and resolving all reasonable doubt in the Veteran's favor, the Board finds that the Veteran's left feet skin condition had its onset during his military service. As such, service connection is warranted. See 38 C.F.R. § 3.303.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Alvarado- 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.