CAVC Case 23-5928: Skin
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-02-20 · PIETSCH, Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Conditions Claimed
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Issues on Appeal
Service Connection
Why It Was Decided This Way
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.
Authorities Cited
Denial Type
Non Denial Outcome
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