Citation Nr: 19104251
Decision Date: 01/17/19	Archive Date: 01/16/19

DOCKET NO. 15-19 986
DATE:	January 17, 2019

REMANDED

Entitlement to service connection for a left ankle disability is remanded.

REASONS FOR REMAND

The Veteran had active duty from July 2003 to August 2003, July 2004 to November 2004, October 2005 to September 2006, October 2006 to March 2007, March 2007 to September 2007, October 2007 to January 2008, and February 2008 to September 2008.  

1. Entitlement to service connection for a left ankle disability is remanded.

In his June 2015 VA Form 9, the Veteran reported that he was treated by private practitioner Dr. C. in Texas at the time of his initial left ankle injury.  These records have not been associated with the record.

Although the Veteran was afforded a VA examination in January 2014, additional medical records regarding the Veteran’s left ankle have been associated with the record including private treatment records submitted March 2017, VA treatment records, a January 2018 a private medical opinion from Dr. C.N.B., and a January 2019 appellate brief, which refers to Mayo Clinic and British Journal of Sports Medicine Articles.  Thus, a new examination and medical opinion are warranted.  

The matter is REMANDED for the following action:

1. Contact the Veteran and ask that he provide a release for VA to secure records of treatment he received from any private medical treatment providers not already associated with the record, to specifically include Dr. C from Texas.  See June 2015 VA Form 9.  The Veteran is to be notified of any unsuccessful efforts in this regard, to allow him the opportunity to obtain and submit those records for VA review. 

2. After completion of the above development, arrange for the Veteran to undergo a VA examination to determine the current nature and severity of any left ankle condition.  For each diagnosis, the examiner should issue medical opinions as to whether it is at least as likely as not (50 percent probability or higher) the left ankle condition had its onset in service or is related to injury in service.  The claims file should be provided for review.

The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached and specifically address the January 2018 private medical opinion from Dr. C.N.B. and the articles cited in the January 2019 Appellate Brief. 

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3. Readjudicate the appeal.

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	J.A. Williams, Associate Counsel