BVA Case 21-0697: Back

Real Board of Veterans' Appeals decision · June 23,2022 · PIETSCH, Judge

Outcome
Vacated / Remanded
Decision Date
June 23,2022
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

BackCervicalKneeHipAnkleSkinArthritis

Issues on Appeal

Back ConditionService ConnectionKnee ConditionIncreased Rating

Why It Was Decided This Way

In the October 2020 decision on appeal,the Board denied an initial rating greater than 10% for tinea pedis with onychomycosis and denied service connection for a low back disability,a right knee disability,a left knee disability,and a left ankle disability.

2 The Board denied a rating higher than 10%under the pre- amended version of DC 7806 based on a finding that the evidence showed only topical medications for the treatment of tinea pedis with onychomycosis.

The Board denied service connection for a right knee disability based on the determination that [w]hile the Veteran reported continuing or chronic knee pain,the overall evidence,to include the October 2019 VA opinion,is against finding that his current right knee disorder manifested during service or is otherwise related to active service.

And the Board denied service connection for low back,left knee,and left ankle disabilities based on findings that there were no such current disabilities,to include no diagnoses of any such disabilities and no evidence of functional impairment of earning capacity resulting from Mr.

To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide reasons for rejecting any material evidence favorable to the claimant.

Taylor argues that the Board failed to provide adequate reasons or bases for finding that his treatments for tinea pedis with onychomycosis did not constitute systemic therapy under DC 7806 (2017).

In response, the Secretary concedes that the Board erred under Burton .

118,the Board failed to make a finding of fact concerning whether [ Mr.

Authorities Cited

Aries v. PeakeBarr v. NicholsonBurton v. ShinsekiBurton v. WilkieCaluza v. BrownClain v. NicholsonEvans v. ShinsekiFletcher v. DerwinskiFlores v. ShinsekiFrankel v. DerwinskiGilbert v. DerwinskiJohnson v. ShulkinKutscherousky v. WestLuca v. BrownMiller v. WilkieNorman v. McPadgett v. NicholsonPetitti v. McSaunders v. WilkieSee Best v. PrincipiSee Breeden v. PrincipiSee Frost v. ShulkinSee Kay v. PrincipiSee Shedden v. PrincipiSee Smith v. WilkieSee Tucker v. WestSee Washington v. NicholsonSowers v. McWait v. Wilkie

Denial Type

Credibility|Duty To Assist

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