TINEA PEDIS

Summary

The Veteran, an Army veteran who served from March 1982 to April 1992, appeals the denial of a compensable rating for allergic rhinitis and seeks a higher rating for his service-connected tinea pedis with tinea versicolor. The Board reviewed the evidence of record at the time of the October 2020 Board Appeal decision, as the Veteran had a hearing in July 2024. For tinea pedis with tinea versicolor, rated under Diagnostic Code 7813, the Veteran sought a higher rating. The September 2020 VA examiner noted treatment with corticosteroids for 6 weeks or more but not constantly, affecting 5-20% of the body, and opined it did not impact work. The Veteran testified at the July 2024 hearing that lesions covered about 40% of his body and 30% of exposed areas, worsening since 2020, causing itching and burning. The Board found the Veteran credible regarding his symptoms but noted treatment records did not support a higher rating. Service connection for tinea pedis with tinea versicolor at 30% was granted. For allergic rhinitis, the Veteran sought a higher rating. The September 2020 VA examination found no findings meeting the criteria for a compensable rating (e.g., >50% nasal obstruction, polyps). The Veteran reported worsening allergies affecting sleep and increased sneezing seasonally. VA treatment records did not indicate a change in severity. The Board denied a compensable rating for allergic rhinitis, finding the evidence did not meet or approximate the criteria for a 10% rating.

Rationale

Veteran's testimony regarding lesion coverage and symptoms credible.; Treatment records did not support higher rating criteria.; Evidence persuasively weighs against rating in excess of 30%.

Full Decision Text

Citation Nr: A26039690
Decision Date: 04/28/26	Archive Date: 04/28/26

DOCKET NO. 201016-116061
DATE: April 28, 2026

ORDER

Entitlement to a rating of 30 percent, but no higher, for tinea pedis with tinea versicolor is granted.

Entitlement to a compensable rating for allergic rhinitis is denied.

FINDINGS OF FACT

1. The Veteran's tinea pedis with tinea versicolor is manifested by corticosteroids required for a total duration of 6 weeks or more, but not constantly, over the past 12 months.

2. The Veteran's allergic rhinitis did not manifest with greater than 50 percent obstruction of both nasal passages, complete nasal obstruction on one side, or polyps.

CONCLUSIONS OF LAW

1. The criteria for a rating in excess of 30 percent, but no higher, for tinea pedis with tinea versicolor have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.7, 4.118, Diagnostic Code 7813.

2. The criteria for a compensable rating for allergic rhinitis have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.7, 4.96, 4.97, Diagnostic Code 6522.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served in the United States Army from March 1982 to April 1992.

As an initial matter, in Williams v. McDonough, 37 Vet. App. 305 (2024), the United States Court of Appeals for Veterans Claims held the Board should not adjudicate an appeal until the time for the appellant to switch Board dockets has ended. This period ends either one year from the date the agency of original jurisdiction (AOJ) mailed notice of the decision on appeal, or 60 days from the date the Board received the VA Form 10182, whichever date is later. 38 C.F.R. § 20.202(c)(2). Here, the Board may proceed with adjudication because a docket switch is not possible as the Veteran already had a Board hearing. 38 C.F.R. §§ 20.202(c)(2), 20.302.

In the October 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on July 18, 2024.

Therefore, the Board may only consider the evidence of record at the time of the October 2020 AOJ decision on appeal, as well as any evidence submitted by the Veteran at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 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 claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Rating Principles

Disability ratings are determined by the application of VA's Schedule for Rating Disabilities (Schedule), which is based on the average impairment of earning capacity. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R. Part 4. Pertinent regulations do not require that all cases show all findings specified by the Schedule, but that findings sufficient to identify the disease and the resulting disability and, above all, coordination of the rating with impairment of function will be expected in all cases. 38 C.F.R. § 4.21; see also Mauerhan v. Principi, 16 Vet. App. 436 (2002).

When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant. 38 C.F.R. § 4.3. Where there
38 U.S.C. § 1155; 38 C.F.R. Part 4. Pertinent regulations do not require that all cases show all findings specified by the Schedule, but that findings sufficient to identify the disease and the resulting disability and, above all, coordination of the rating with impairment of function will be expected in all cases. 38 C.F.R. § 4.21; see also Mauerhan v. Principi, 16 Vet. App. 436 (2002).

When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant. 38 C.F.R. § 4.3. Where there is a question as to which of two ratings shall be applied, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7.

The Board will consider whether separate ratings may be assigned for separate periods of time based on facts found, a practice known as "staged ratings," in all claims for increased ratings. Fenderson v. West, 12 Vet. App. 119, 126-27 (1999).

The analysis below focuses on the most salient and relevant evidence and on what this evidence shows or fails to show. The Veteran should not assume that the Board has overlooked pieces of evidence that are not specifically discussed herein. See Timberlake v. Gober, 14 Vet. App. 122 (2000).

1. Entitlement to a rating of 30 percent, but no higher, for tinea pedis with tinea versicolor is granted.

The Veteran is seeking a higher rating for his service-connected tinea pedis with tinea versicolor. See June 2020 VA Form 21-526EZ.

The Veteran's tinea pedis with tinea versicolor is rated under Diagnostic Code 7813, the General Rating Formula for the Skin.  

Under Diagnostic Code 7813, a noncompensable rating is assigned for no more than topical therapy required over the past 12-month period and at least one of the following: (1) characteristic lesions involving less than 5 percent of the entire body affected; or (2) characteristic lesions involving less than 5 percent of exposed areas affected. A 10 percent rating is assigned for at least one of the following: (1) characteristic lesions involving at least 5 percent, but less than 20 percent, of the entire body affected; or (2) at least 5 percent, but less than 20 percent, of exposed areas affected; or (3) intermittent systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, psoralen with long-wave ultraviolet-A light (PUVA), or other immunosuppressive drugs required for a total duration of less than 6 weeks over the past 12-month period. A 30 percent rating is assigned at least one of the following: (1) characteristic lesions involving more than 20 to 40 percent of the entire body or 20 to 40 percent of exposed areas affected; or (2) systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, PUVA, or other immunosuppressive drugs required for a total duration of 6 weeks or more, but not constantly, over the past 12-month period. A 60 percent rating is assigned for at least one of the following: (1) characteristic lesions involving more than 40 percent of the entire body or more than 40 percent of exposed areas affected; or (2) constant or near-constant systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, PUVA, or other immunosuppressive drugs required over the past 12-month period. Or rate as disfigurement of the head, face, or neck (Diagnostic Code 7800) or scars (Diagnostic Codes 7801, 7802, 7803, 7804, or 7805), depending on the predominant disability.  38 C.F.R. § 4.118, General Rating for the Skin for Diagnostic Codes 7806, 7809, 7813-7816, 7820-7822, and 7824.

The Board finds that the most probative evidence of record persuasively weighs against the assignment of a rating in excess of 30 percent because the Veteran's tinea pedis with tinea versicolor does not more nearly approximate (1) characteristic lesions involving more than 40 percent of the entire body or more
 neck (Diagnostic Code 7800) or scars (Diagnostic Codes 7801, 7802, 7803, 7804, or 7805), depending on the predominant disability.  38 C.F.R. § 4.118, General Rating for the Skin for Diagnostic Codes 7806, 7809, 7813-7816, 7820-7822, and 7824.

The Board finds that the most probative evidence of record persuasively weighs against the assignment of a rating in excess of 30 percent because the Veteran's tinea pedis with tinea versicolor does not more nearly approximate (1) characteristic lesions involving more than 40 percent of the entire body or more than 40 percent of exposed areas affected; or (2) constant or near-constant systemic therapy required over the past 12-month period. 

The Veteran presented for VA examination in September 2020. The examiner noted that the Veteran has been treated with a corticosteroid for 6 weeks or more in the past 12 months, but not constantly. The examiner found that the Veteran's condition affects 5 to 20 percent of the Veteran's total body area and none of the exposed area. The tinea versicolor appears as multiple small circular macules, location at the anterior and posterior aspect of the bilateral lower extremities. The examiner opined that the Veteran's skin condition does not impact his ability to work. 

During the July 2024 Board hearing, the Veteran testified that lesions cover about 40 percent of his body and 30 percent of exposed areas. He reported that the percentage of his body covered in lesions has increased since 2020. He reported that medication is not effective. He stated he is not sleeping at night and wakes up with itchy skin, with a crawling or burning sensation.

The Board acknowledges that the Veteran believes that the disability on appeal has been more severe than the assigned disability rating reflects. Moreover, the Veteran is competent to report observable symptoms, to include his reports of itchy skin, crawling sensations, and sensitivity to heat and cold, and these reports are credible. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). However, the medical treatment records do not show that the tinea pedis with tinea versicolor more nearly approximates the criteria in the next higher rating.

The Board has considered whether any other diagnostic codes related to disabilities of the skin would provide for a higher disability evaluation. However, the evidence does not reflect that the tinea pedis with tinea versicolor would warrant a higher rating under a different diagnostic code. See 38 C.F.R. § 4.118.

Accordingly, the most probative evidence of record persuasively weighs against the claim of entitlement to a rating in excess of 30 percent for tinea pedis with tinea versicolor. As there is not an approximate balance of positive and negative evidence, the benefit-of-the-doubt rule does not apply and a higher rating for tinea pedis with tinea versicolor is not warranted. See 38 U.S.C. § 5107(b); 38 C.F.R. §§ 4.3, 4.7; Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

2. Entitlement to a compensable rating for allergic rhinitis is denied.

The Veteran is seeking a higher rating for him allergic rhinitis. See June 2020 VA Form 21-526EZ.

The Veteran's allergic rhinitis is rated under 38 C.F.R. § 4.97, Diagnostic Code 6522. A 10 percent rating is warranted for allergic or vasomotor rhinitis without polyps but with greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side. A 30 percent rating is warranted for allergic or vasomotor rhinitis with polyps.

During a September 2020 VA examination, the Veteran reported that his allergies have gotten worse over time. He reported intermittent rhinorrhea and nasal congestion for which he takes over the counter medication as needed. The examiner found that the Veteran's allergic rhinitis does not result in greater than 50 percent obstruction of the nasal passage on both sides, complete obstruction of either side, permanent hypertrophy of the nasal turbinates, nasal polyps, or granulomatous conditions.

During the July 2024 Board hearing, the Veteran reported that his allergic rhinitis affects his sleep. He stated the condition is worse around February and March and that for about two months he has increased sneezing. 

VA treatment records do not indicate that the severity of the Veteran's allergic rhinitis differed from what was documented during the September 202
 He reported intermittent rhinorrhea and nasal congestion for which he takes over the counter medication as needed. The examiner found that the Veteran's allergic rhinitis does not result in greater than 50 percent obstruction of the nasal passage on both sides, complete obstruction of either side, permanent hypertrophy of the nasal turbinates, nasal polyps, or granulomatous conditions.

During the July 2024 Board hearing, the Veteran reported that his allergic rhinitis affects his sleep. He stated the condition is worse around February and March and that for about two months he has increased sneezing. 

VA treatment records do not indicate that the severity of the Veteran's allergic rhinitis differed from what was documented during the September 2020 VA examination.

Upon review of the record, the Board concludes that a compensable rating for the Veteran's allergic rhinitis is not warranted. The evidence of record does not show findings of greater than 50 percent obstruction of nasal passage on both sides, complete obstruction on one side, or nasal polyps, as required for a compensable rating under Diagnostic Code 6522. The Veteran's reported symptoms, the VA examination, and the treatment records do not reflect findings that meet or approximate the criteria for a 10 percent rating pursuant to Diagnostic Code 6522.

Accordingly, the most probative evidence of record persuasively weighs against the claim of entitlement to a compensable rating for allergic rhinitis. As there is not an approximate balance of positive and negative evidence, the benefit-of-the-doubt rule does not apply and a compensable rating for allergic rhinitis is not warranted. See 38 U.S.C. § 5107(b); 38 C.F.R. §§ 4.3, 4.7; Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Henderson, Catherine

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.