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Denial for Tinea pedis(athletes foot)

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Sonny78

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Was denied tinea pedis (athletes feet) 

gulf war vet/PACT ACT/TERA 

Was wondering what steps should I take to appeal/fight this. Ima little confused from the denial letter 

I appreciate anyone who takes the time to read this, thanks for any help or advice 

-  denial letter for tinea pedis- 

2. Service connection for tinea pedis (claimed as athlete's foot) as due to an undiagnosed illness.

The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations, Afghanistan, Israel, Egypt, Turkey, Syria, or Jordan, during the Gulf War, or became manifest to any degree at any time following service in theater. Section 202 of the "Veterans Education and Benefits Expansion Act of 2001" expanded the definition of "qualifying chronic disability" to include (1) a medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that the Secretary of the VA determines in regulations warrants a presumption of service-connection. To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. The 6-month period of chronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. (38 USC 1117, 38 CFR 3.317)

Service connection for tinea pedis (claimed as athlete's foot) is denied because this disability is determined to result from a known clinical diagnosis of tinea pedis, which, under current law, is not a qualifying disability associated with Gulf War service. Further, the condition was not incurred in or aggravated by service. (38 CFR 3.317, 38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306)

A direct grant of service connection requires: 1) medical evidence of a current disability, 2) evidence of the incurrence or aggravation of a disease or injury in active military service, and 3) medical evidence of a nexus (link) between the current disability and the in-service disease or injury. (38 CFR 3.303, 38 CFR 3.304) The evidence does not show an event, disease or injury in service. (38 CFR 3.303, 38 CFR 3.304) We did not find a link between your medical condition and military service. (38 CFR 3.303) We requested an examination with medical opinion based on toxic exposure risk activity (TERA). Although the evidence of record shows participation in a TERA, the medical opinion provided by the examiner does not show an association between your claimed disability and in-service TERA. (38 U.S.C. 1168, 38 CFR 3.303) You submitted lay evidence that your claimed disability is related to events or treatment in service. We have determined that the service treatment records and post service evidence contradict your statements) of a connection between your service and your claimed condition, and find the other evidence is more credible when considered in light of all the evidence. (38 CFR 3.159, 38 CFR

4.6) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. We received your medical evidence which discusses the symptoms of your medical condition 

 

Favorable Findings identified in this decision:

Participation in a toxic exposure risk activity is conceded. TERA duties associated with Southwest Asia Service is conceded.

Evidence shows that you performed service in Southwest Asia. The Veteran's claims file confirms verified service in Southwest Asia.

You have been diagnosed with a disability. The Veteran's May 9, 2023, compensation and pension examination confirms treatment/diagnosis of tinea pedis.

You were exposed to burn pits and other toxins during military service. The Veteran has verified

Southwest Asia service; exposure to burn pits and other toxins is conceded.

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  • Greeter

I’m not sure on the rating for athletes foot but that’s new to me. I’m sure others will chime in for assistance. Do you have documenting history of in service treatment or within your first year of discharge. If not I find it rather impossible to get something service connected if you haven’t in those time frames. I mean no offense as this is just my opinion. I wish you the best of luck on your claim

 

P.S. It way or may not be a presumptive for your tour of duty. That of which I don’t  know.

Edited by Dot09
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