Citation Nr: 18146628 Decision Date: 11/01/18 Archive Date: 10/31/18 DOCKET NO. 16-31 590 DATE: November 1, 2018 REMANDED Entitlement to service connection for residuals of a right ankle injury is remanded. REASONS FOR REMAND The Veteran had active service in the Navy from March 2001 to April 2006. This matter comes before the Board of Veterans’ Appeals (Board) from a February 2014 decision of a Department of Veterans Affairs (VA) Regional Office (RO). Factual Background An October 2000 enlistment examination revealed that due to some abnormality of her toes the Veteran was unable to perform a “duck walk.” A Report of Medical History of October 200 shows that the Veteran had no relevant complaints. On July 17, 2004, the Veteran reported having had right ankle pain for 5 days. She reported that she was performing physical training in a hangar bay and injured the ankle. On examination she had full range of motion of that ankle but there was minimal edema of the medial aspect of that ankle. The impression was a right ankle contusion. She was given medication for pain and instructed in low impact exercises. On September 17, 2004, the Veteran was seen for right ankle pain, down both sides of that ankle. She was unsure of a mechanism of injury. It just started to hurt. On examination there was no edema of either side of the right ankle and strength and circulation were good. The assessment was right ankle pain. She was instructed in strengthening exercises. In 2005 the Veteran was treated for plantar warts of each foot. A Report of Medical History of September 26, 2005, shows that the Veteran reported having or having had foot trouble. In explanation, she reported that she had a callus on her left foot. A Report of Medical History of February 27, 2006, in conjunction with examination for service separation shows that the Veteran reported having or having had foot trouble, swollen or painful joints. She specifically reported that she sometimes had pain in her right ankle. A Report of Medical Assessment of March 27, 2006, shows that the Veteran reported that she still had pain in her ankle “from [a] cruise.” In the Veteran’s original VA claim for compensation in April 2013 she requested compensation for, in part, a right ankle disability. In April 2018 the Veteran was provided a copy of her entire electronic file in the form of a compact disc. 1. The claim for service connection for residuals of a right ankle injury is remanded. The Veteran was scheduled for examinations of her right ankle and for hearing loss to determine if any right ankle disability or hearing disability were related to her military service. However, the Veteran failed to attend those examinations. Following the February 2014 rating decision which denied service connection for a right ankle disability, the Veteran filed a Notice of Disagreement (NOD) in January 2015 in which she reported that she had not attended the official examination because she had changed her address and, so, had not received the letter notifying her of that examination. A November 2015 Report of General Information shows that upon contacting the Veteran she again reported that she had not attended the examination because she had moved. She desired another examination as to her claim for service connection for hearing loss. A VA audiology examination was conducted in December 2015. A January 2016 rating decision denied service connection for bilateral hearing loss but granted service connection for tinnitus, which was assigned an initial 10 percent disability evaluation. In the Veterans June 2016 VA Form 9, Appeal to the Board, she explained that she had been living in a shelter but had not received the notice to appear for an examination on February 7, 2014, because she had left the shelter and the notification letter had not been forwarded to her. She also reported that she had injured her right ankle while performing group exercises on a flight deck and she had sought medical treatment the next morning. In view of the foregoing, the Veteran should be afforded an examination to determine whether any current right ankle disability which she may now have is related to her military service. The matter is REMANDED for the following action: 1. The Veteran should be afforded an orthopedic examination to determine the nature and cause of any disorder of any right ankle, which she may currently have. The entire record is to be reviewed by the examiner in conjunction with the examination. The examiner should respond to the following: Please identify (by diagnosis) each right ankle disorder found/shown by the record. Please identify the likely cause of each right ankle disorder diagnosed. Specifically, is it at least as likely as not (a 50-50 chance) that any such disorder began in (or is otherwise related to the Veteran’s military service? The examination report should include the complete rationale for all opinions expressed. 2. Then, review the record, conduct any additional development deemed necessary, and readjudicate the claim. If the claim remains denied, the Veteran should be furnished a supplemental statement of the case, and she should be afforded an opportunity to respond. The case should be returned to the Board, if otherwise in order. DEBORAH W. SINGLETON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs