BVA Case 23-5928: Back

PIETSCH, Judge :The appellant appeals the June 16, 2023,Board of Veterans'Appeals (Board)decision in which the Board denied the appellant's claims for entitlement to service connection for (1)a left foot disorder,to include hallux valgus,tinea pedis,xerosis cutis,and left great toe onychomycosis;and (2)a right foot disorder,to include hallux valgus,tinea pedis and xerosis cutis.

According to the examiner,the appellant's bilateral tinea pedis with xerosis cutis is less likely as not related to an in[-]service injury or disease to include the September 1985 complaint of blisters or to wearing wet boots as described at the December 2021 Board hearing.

In the June 2023 decision,the Board determined that the competent and credible evidence of record weighs against findingthat the appellant has a left and right foot disorder,to include hallux valgus, tinea pedis,xerosis cutis,and left great toe onychomycosis that are related to an in-service injury sustained or illness experienced during a qualifying period of active duty service.

PARTIES'ARGUMENTS The appellant contends that the Board failedto ensure that VA's duty to assist was satisfied, because the March 2023 VA medical opinion was inadequate and the Board erred in relying on it.

The appellant further notes that the Board never made a negative credibility finding � must less a reasoned one � for [the appellant]and so implicitly foundher history credible.

The appellant further argues that the Board's failure to satisfy the duty to assist was prejudicial to her.

In response,the Secretary asserts that the Board did not err in finding that the duty to assist was satisfied when it relied on the March 2023 addendum opinion regarding [a]ppellant's foot disabilities.

The Secretary further notes that the Board found 5 Case:23-5928 Page: 6 of 14 Filed:02/20/2025 the appellant's lay statements not competent to link the current foot disorder to her active -duty service.