Citation Nr: A25041234 Decision Date: 05/06/25 Archive Date: 05/06/25 DOCKET NO. 220114-211668 DATE: May 6, 2025 ORDER Entitlement to service connection for right foot calluses (claimed as right foot condition), is granted. FINDING OF FACT The evidence of record shows that the Veteran's diagnosed right foot calluses (claimed as right foot condition), is at least as likely as not etiologically related to his active-duty service. CONCLUSION OF LAW The criteria for service connection for right foot calluses (claimed as right foot pain), have been met. 38 U.S.C. § 1101, 1110, 1131, 5107; 38 C.F.R. § 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had honorable active-duty service in the United States Army from February 1988 to January 1990 and from January 1991 to February 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2021 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which as relevant here denied the Veteran service connection for a right foot condition. The rating decision on appeal was issued in April 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the January 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the April 2021 rating decision on appeal, as well as any evidence submitted by the Veteran or his representative with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the RO issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Service connection for right foot calluses Generally, service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303, 3.304. To establish entitlement to service connection, there must generally be 1) evidence of a current disability; 2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and 3) causal connection between the claimed in-service disease or injury and the current disability. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The requirement of a current disability is "satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim." See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). In evaluating the evidence, the Board must assess the credibility and weight given to evidence. Davidson v. Shinseki, 581 F. 3d 1313 (Fed. Cir. 2009). The Veteran is competent to report symptoms and experiences observable by his senses. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); 38 C.F.R. § 3.159(a). VA is required to give due consideration to all pertinent medical and lay evidence in evaluating a claim for disability benefits. Davidson, 581 F.3d at 1316. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; see also Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc). Turning to the Veteran's case, in February 2021, he filed a VA Form 21-526EZ seeking service connection for a right foot condition. In the April 2021 rating decision on appeal, the RO denied the claim. Favorable findings noted in the April 2021, rating decision on appeal include that the evidence shows qualifying event, injury, or disease had onset during the Veteran's service; that service treatment records (STRs) dated in January 1998 shows treatment for right foot lesion, and that the Veteran has been diagnosed with a disability, noting a March 2021 VA examination showing a diagnosis of right foot calluses. The Board is bound by these favorable findings. 38 C.F.R. § 3.104(c). Thus, the first and second criteria necessary to grant service connection for right foot calluses are met. The final criteria required to grant service connection is a nexus between the in-service onset/incurrence and the Veteran's right foot calluses. The Veteran has maintained that his right foot condition originated in service as referenced in his STRs. Again, the Board acknowledges that the favorable findings include that the Veteran's STRs dated in January 1998, show treatment for right foot lesion. With respect to his claim for service connection for right foot calluses (claimed as right foot condition), the Veteran participated in an in-person VA examination in March 2021 and a VA medical opinion was provided based on this examination. The VA examiner opined that, "the claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness." The examiner offered the following rationale, "... veteran is diagnosed with Rt foot callus, however there is no objective medical evidence in veteran's c-file to show similar complaints, diagnosis or treatment during service or immediate post service time period for a significant period of time. There is no evidence of chronicity. Therefore, veteran diagnosis of rt foot condition is less likely than not incurred in or caused by (the) foot issues during service. A nexus is not established." See March 31, 2021, VA medical opinion and Disability Benefits Questionnaire (DBQ) (received by VA, April 1, 2021). Based on all the foregoing, the Board finds that taken altogether, the STRs, the Veteran's lay reports, and the evidence of record, are of significant probative value, and provide ample detail, supported by the record. Such evidence, therefore, constitutes competent, probative evidence tending to support awards of service connection. While a negative VA etiology opinion addressing the Veteran's right foot condition is part of the record, the March 2021 VA opinion does not adequately address the causation element of service connection because it is based on the false premise that the Veteran did not experience ongoing symptomatology related to the initial onset of his right foot condition in service, which is contrary to the Veteran's reports and presentation at VA medical examination in March 2021. Accordingly, the opinion fails to consider and reconcile the Veteran's reports, objective findings on VA medical examination in March 2021, and the STRs which do reflect treatment for and/or complaint of right foot lesion/s in service. See Miller v. Wilkie, 32 Vet. App. 249, 260 (2020) (by law "[an] examiner must address [a] veteran's lay statements to provide the Board with an adequate medical opinion"). Accordingly, the Board finds the March 2021 VA medical opinion regarding the Veteran's right foot condition, to be of minimal probative value. At this point, the Board could remand the matter for further VA examination or a new etiology opinion; however, a request for an opinion could be construed as obtaining additional evidence for the sole purpose of denying a claim, which is impermissible. 38 C.F.R. § 3.304(c) ("The development of evidence in connection with claims for service connection will be accomplished when deemed necessary but it should not be undertaken when evidence present is sufficient for this determination"); Andrews v. McDonough, 34 Vet. App. 216, 225 (2021) ("Remand is inappropriate where the predominant purpose is not to allow the Board to make a fully informed decision unencumbered by error but to allow VA to obtain more evidence so that it can properly deny the claim"). Accordingly, given the competent and credible lay evidence, together with the Veteran's recorded in-service symptoms, current right foot calluses diagnosis, and the lack of a probative medical opinion contrary to this evidence, the Board finds that the competent, credible, and probative evidence of record indicates that the Veteran has been experiencing symptoms of a right foot condition since the time of his active service. As such, looking at the evidence as a whole and resolving reasonable doubt in the Veteran's favor, the Board finds the evidence to at least be in approximate balance as to whether the Veteran's right foot calluses are related to his service. Accordingly, after resolving reasonable doubt in favor of the Veteran, the Board finds that service connection for right foot calluses (claimed as a right foot condition) is warranted and the appeal with respect to this condition is granted. See 38 U.S.C. § 5107; Lynch, 21 F.4th 776; 38 C.F.R. §§ 3.102, 4.3. Christopher Seppanen Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kelly, E. C. 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.