Citation Nr: A20008980 Decision Date: 05/20/20 Archive Date: 05/20/20 DOCKET NO. 190711-15592 DATE: May 20, 2020 ORDER Service connection for left ankle strain is granted. FINDING OF FACT It is at least as likely as not that the Veteran’s left ankle strain is secondary to his service-connected chronic left foot sprain with plantar fasciitis and degenerative joint disease (left foot disability). CONCLUSION OF LAW Resolving reasonable doubt in the Veteran’s favor, the criteria for an award of service connection for left ankle strain as secondary to service-connected left foot disability have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from August 1976 to April 1977. His decorations include the Expert M16 Badge. The original rating decision underlying the present appeal was issued in September 2017 by a Department of Veterans Affairs (VA) Regional Office. In March 2018, the Veteran filed a legacy notice of disagreement (VA Form 21-0958). In May 2018, the Veteran elected review in the modernized review system. 38 C.F.R. § 19.2(d). He selected the Supplemental Claim lane when he opted into the Appeals Modernization Act (AMA) review system by submitting a Rapid Appeals Modernization Program (RAMP) election form. Following a denial of his supplemental claim in January 2019, the Veteran timely appealed to the Board in July 2019, selecting the Evidence Submission review option, which allowed him 90 days following the receipt of his notice of disagreement to submit additional evidence. 38 C.F.R. § 20.202(b)(3). Service connection for left ankle strain is granted. The Veteran seeks to establish service connection for a left ankle disability. He asserts that his left ankle disability is secondary to his service-connected left foot disability. The January 2019 rating decision on appeal made a finding that the Veteran had been diagnosed with a left ankle disability. See also August 2017 VA examination report (showing a diagnosis of left ankle strain). Thus, the question becomes whether the current disability is secondary to the service-connected left foot disability. The evidence against the Veteran’s claim includes an August 2017 VA examiner’s opinion that the left ankle disability was less likely than not proximately due to or the result of the service-connected left foot disability. The examiner found that the left ankle strain was a separate entity entirely from the foot disability, that they were unrelated, that the medical literature did not support a medical relationship, and that if the two conditions were related, one would expect to see arthritis in the ankle joint, which was not present. The evidence in favor of the Veteran’s claim includes a July 2019 treatment record from J.V., DPM, who noted that the Veteran had post-traumatic arthritis of the foot with compensation pain/synovitis of the left ankle secondary to the chronic foot pain. The private examiner explained that there was a direct correlation between the ankle pain and the posttraumatic arthritis of the foot. Upon review of the record, the Board finds the evidence to be at least in equipoise as to whether the Veteran’s current left ankle disability is secondary to his service-connected left foot disability. The positive opinion from the private examiner is no less probative than the negative VA opinion. Accordingly, and resolving reasonable doubt in favor of the Veteran, the Board finds that service connection for left ankle strain is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. The appeal is granted. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Ragheb, Counsel 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.