DERMATOPHYTOSIS (RINGWORM)

JENNIFER WHITE · 2026 · Case ID: A26040723

GRANTED

Summary

The Veteran, who served from September 2005 to October 2005 and January 2007 to September 2008, appeals a March 2025 rating decision that reduced his 10 percent disability rating for onychomycosis of bilateral feet to noncompensable, effective June 1, 2025. The Board of Veterans' Appeals reviewed the case based on the evidence of record at the time of the AOJ's decision. The central issue was whether the reduction was proper, particularly given that the 10 percent rating had been in effect for over five years. The Board considered the legal criteria for rating reductions, emphasizing that VA must demonstrate sustained material improvement in the ability to function under ordinary conditions of life and work to justify a reduction. The August 2024 VA examination noted the condition had progressed/worsened and the Veteran reported persistent pain and lack of success with treatments. A November 2024 private examination described the Veteran's toenails as thick and deformed. The Board found the evidence weighed against a finding of sustained improvement. Consequently, the Board concluded the reduction was improper and granted the restoration of the 10 percent rating, effective June 1, 2025.

Rationale

Reduction of rating improper as disability had been rated 10% for over five years.; Evidence did not demonstrate sustained improvement in ability to function.; August 2024 VA exam noted progression/worsening; Veteran reported persistent pain.; November 2024 private exam noted thick, deformed toenails.

Special Benefit

NO SPECIAL BENEFIT

Docket No.

250828-580559

Full Decision Text

Citation Nr: A26040723
Decision Date: 04/30/26 Archive Date: 04/30/26

DOCKET NO. 250828-580559
DATE: April 30, 2026

ORDER

The reduction of the rating for onychomycosis of bilateral feet from 10 percent disabling to noncompensable effective June 1, 2025, was improper; therefore, restoration of the 10 percent rating is granted effective June 1, 2025.

FINDING OF FACT

The evidence of record weighs persuasively against a finding that the Veteran's onychomycosis of bilateral feet improved such that improvement is shown in his ability to function under ordinary conditions of life and work.

CONCLUSION OF LAW

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran has confirmed service from September 2005 to October 2005 and January 2007 to September 2008.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In March 2025, the AOJ issued a rating decision reducing the Veteran's onychomycosis of bilateral feet disability to noncompensable effective June 1, 2025. In the August 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket and identified the reduction as the issue he wished to appeal and the March 2025 rating decision. Therefore, the Board may only consider the evidence of record at the time of the March 2025 AOJ rating decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801.

Legal Criteria - Rating Reduction Claims

When the propriety of a rating reduction is at issue, the focus is on the actions of the Regional Office (RO) in effectuating the reduction, both in terms of compliance with the special due process considerations applicable to reductions, and in terms of whether the evidence at the time of the decision reducing the evaluation supported the reduction. In most cases, violations of the set of due process considerations applicable to rating reductions, or failure of the evidence to meet the standards for reducing an evaluation, render the underlying reduction void ab initio, rather than merely voidable. The burden is on VA to justify a reduction in a rating. See Brown v. Brown, 5 Vet. App. 413 (1993).

The criteria governing certain rating reductions for certain service-connected disabilities are found under 38 C.F.R. § 3.344. If a disability rating has been continued at the same level for long periods, i.e., five years or more, VA may not reduce the evaluation based on examinations less full and complete than those on which payments were authorized or continued, and only evidence of sustained material improvement under the ordinary conditions of life, as shown by full and complete examinations, can justify a reduction. 38 C.F.R. § 3.344 (a). If doubt remains after consideration is given to all the evidence, then the rating in effect will be continued. 38 C.F.R. § 3.344 (b).

When a disability has not become stable and is likely to improve, and the disability rating has not continued at the same level for at least five years, a reexamination disclosing improvement in that disability will warrant a reduction in its rating. 38 C.F.R. § 3.344 (c). The duration of the disability rating at issue is measured by the effective date assigned for that rating until the effective date of the actual rating. Brown v. Brown, 5 Vet. App. 413, 418 (1993).

A Veteran's disability rating shall not be reduced unless an improvement in the disability is shown to have occurred. See 38 U.S.C.§ 1155; Greyzck v. West, 12 Vet. App.
has not become stable and is likely to improve, and the disability rating has not continued at the same level for at least five years, a reexamination disclosing improvement in that disability will warrant a reduction in its rating. 38 C.F.R. § 3.344 (c). The duration of the disability rating at issue is measured by the effective date assigned for that rating until the effective date of the actual rating. Brown v. Brown, 5 Vet. App. 413, 418 (1993).

A Veteran's disability rating shall not be reduced unless an improvement in the disability is shown to have occurred. See 38 U.S.C.§ 1155; Greyzck v. West, 12 Vet. App. 288, 292 (1999) (including cases cited therein). Not only must it be determined that an improvement in a disability has occurred, but it must also be shown that the improvement reflects an improvement in a Veteran's ability to function under the ordinary conditions of life and work. Brown v. Brown, 5 Vet. App. 413, 420-21; Schafrath v. Derwinski, 1 Vet. App. 589, 594 (1991).

Factual Background & Analysis

In a March 2025 rating decision, the AOJ reduced the Veteran's onychomycosis of bilateral feet disability from 10 percent disabling to noncompensable effective June 1, 2025. At the time of the rating reduction, the 10 percent rating had been in effect for more than five years (since September 7, 2008).

The central question when dealing with any rating reduction claim is whether the disability has improved, such that there is an improvement in a Veteran's ability to function under the ordinary conditions of life and work. Brown v. Brown, 5 Vet. App. 413, 420-21 (1993); Schafrath v. Derwinski, 1 Vet. App. 589, 594 (1991).

Pursuant to VA regulation, if a disability rating has been continued at the same level for five years or more, VA may not reduce the evaluation based on examinations less full and complete than those on which payments were authorized or continued. 38 C.F.R. § 3.344(a). Further, if the disease is subject to temporary or episodic improvement, reduction may not be based on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Id. If doubt remains after consideration is given to all evidence, then the rating in effect will be continued. 38 C.F.R. § 3.344(b).

The Court of Appeals for Veterans Claims (Court) has identified general regulatory requirements which are applicable to all rating reductions and found that VA regulations impose a clear requirement that VA rating reductions be based upon review of the entire history of the Veteran's disability. See Brown, 5 Vet. App. at 420; see also 38 C.F.R. §§ 4.1, 4.2, 4.10. Further, 38 C.F.R. § 4.13 provides that the rating agency should assure itself that there has been an actual change in the condition, for better or worse, and not merely a difference in the thoroughness of the examination or in use of descriptive terms. Additionally, in any rating reduction case, not only must it be determined that an improvement in a disability has actually occurred, but that such improvement reflects improvement in ability to function under ordinary conditions of life and work; the burden of proof is on the VA to establish that a reduction is warranted by a preponderance of the evidence. See Brown, 5 Vet. App. at 420-24. In general, the AOJ's reduction of a rating must have been supported by the evidence on file at the time of the reduction; pertinent post-reduction evidence favorable to restoring the rating, however, also must be considered. See Dofflemeyer v. Derwinski, 2 Vet. App. 277 (1992).

In the March 2025 rating decision, the AOJ reduced the rating for onychomycosis of bilateral feet disability based on the August 2024 VA examination, but the evidence of record weighs persuasively against a finding that sustained improvement has been demonstrated. See 38 C.F.R. § 3.344(a). At the August 2024 VA examination, the Veteran continued to report pain in both feet while wearing shoes and trimming his toenails, which he stated many times causes bleeding. The Veteran consistently reported that any treatments he has tried over the years have not worked for him. The August 2024 VA examiner noted that the course of the condition of the
Vet. App. 277 (1992).

Additionally, the Veteran submitted a November 2024 private examination in which his provider stated the Veteran has, "very thick discolored fungal toenails affecting all 10 digits deformity and thickness of the nail." Thus, the Board finds the evidence of record weighs persuasively against a finding that the Veteran's onychomycosis of bilateral feet disability symptoms improved such that there is improvement in his ability to function under ordinary conditions of life and work.

Given the facts of the case and the above regulations and caselaw, the Board finds the reduction of the rating for onychomycosis of bilateral feet disability from 10 percent disabling to noncompensable effective June 1, 2025, was improper, and therefore, must be restored.

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Prevost, K.

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.

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