Citation Nr: 18155251 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 17-08 807 DATE: December 4, 2018 REMANDED Entitlement to service connection for residuals of a right ankle disability is remanded. REASONS FOR REMAND The Veteran had active military service from October 1975 to October 1979. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran invoked his right to have a videoconference hearing. See September 2016 Form 9. The Veteran was scheduled for a hearing that was subsequently rescheduled as the Veteran was unavailable on the date of the original hearing. See September 2018 VA 27-0820 Report of General Information. The Veteran failed to appear for the rescheduled Board hearing and no motion for a new hearing was filed within 15 days of the scheduled hearing date. See 38 C.F.R. § 20.704(d). As such, the Board finds the Veteran’s request for a hearing is withdrawn. 1. Entitlement to service connection for residuals of a right ankle disability is remanded. The Veteran stated that he injured his right ankle in service and that he has had discomfort, pain, weakness, and swelling in his right ankle since the in-service incident. However, despite the discomfort, the Veteran stated that he never received treatment or care for his right ankle disability. See February 2015 VA 21-4138 Statement in Support of Claim. A review of the service treatment records notes of an in-service injury to the Veteran’s right ankle. Specifically, in June 1976 the Veteran sustained a valgus injury and a cast was placed on his right ankle. See April 2015 Military Personnel Record. An x-ray scan of the right ankle revealed no fractures. The Veteran was diagnosed with right lateral ankle ligament sprain. The records show that the Veteran continued to complain of right ankle pain a year after the incident. See April 2015 Military Personnel Record. In the June 1979 separation examination, the Veteran was noted to have normal lower extremities and his reference to “yes” when asked if he had swollen and painful joints referred to the June 1976 right ankle trauma. See April 2015 STR – Medical. The Veteran was afforded a VA examination in August 2015. In the examination, the examiner noted that the Veteran had a diagnosis of lateral collateral ligament sprain in June 1976. The examiner opined that the Veteran’s condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness as there is no evidence in the medical records to support a nexus between the original injury and the current ankle condition. The Board finds the August 2015 VA examiner’s opinion is inadequate. The Board finds that the examiner did not address the Veteran’s reports that he did not seek treatment despite experiencing symptoms since service. See April 2015 STR – Medical. Based on the foregoing, the Board finds that a remand is warranted. The matter is REMANDED for the following action: Obtain an addendum medical opinion from the examiner who provided the August 2015 VA examination, or another appropriate medical professional if that examiner is unavailable. The claims file must be made available to be reviewed by the examiner, and a note that it was reviewed should be included in the report. If the examiner determines that additional examination of the Veteran is necessary to provide an opinion, such examination should be scheduled. The examiner must determine if it is at least as likely as not (a fifty percent probability or greater) that the right ankle disability is etiologically related to the Veteran’s military service. In rendering this opinion, the examiner should address the Veteran’s competent and credible statements that he did not seek treatment because nothing could be done to improve it but he has experienced swelling, clicking, momentary locking, and pain since the injury and has treated it with over the counter remedies. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P. Noh, Associate Counsel