Citation Nr: 20060791
Decision Date: 09/15/20	Archive Date: 09/15/20

DOCKET NO. 15-24 062
DATE: September 15, 2020

REMANDED

Entitlement to service connection for a right ankle disability, claimed as secondary to service-connected disabilities, is remanded.

Entitlement to service connection for a left ankle disability, claimed as secondary to service-connected disabilities, is remanded.

REASONS FOR REMAND

The Veteran had active duty service from June 1966 to June 1969.

In January 2019, the Veteran testified before the undersigned Veterans Law Judge.  A transcript of the hearing has been reviewed.  

1. Entitlement to service connection for a right ankle disability, claimed as secondary to service-connected disabilities, is remanded.

2. Entitlement to service connection for a left ankle disability, claimed as secondary to service-connected disabilities, is remanded.

The Board previously remanded these claims in June 2019 for a medical opinion to determine whether a bilateral ankle disability is caused or aggravated by his service-connected disabilities.  

In July 2011, the VA examiner found that the Veteran had ankle pain with no diagnosis.  The July 2011 medical opinion did not address aggravation of the ankle disability by service-connected disabilities.

In November 2019, a VA examination noted that there was a normal ankle examination and no chronic ankle condition.  Therefore, the examiner did not provide a medical opinion.  However, the November 2019 examination reflects a complaint of ankle pain with prolonged weight activities.  The Veteran was also noted to take pain medication for his ankles and use compression ankle sleeves for support and stability.  The Board finds that an addendum opinion is needed to determine whether the Veteran's bilateral ankle pain presents a functional impairment of earning capacity, and if so, whether that impairment is related to his service-connected right foot disability, to include alteration of his gait due to his right foot disability.

The matters are REMANDED for the following action:

1.  Obtain an addendum opinion from the December 2019 VA examiner or an appropriate substitute.  

The examiner must opine whether it is at least as likely as not that a current bilateral ankle disability (to include pain resulting in functional impairment of earning capacity) is proximately due to or aggravated beyond its natural progression by the service-connected right foot disability and residuals thereof, to include altered gait.

Please note that pain alone, even without an underlying pathology or diagnosis, can constitute a disability under VA law where such pain results in functional impairment.  Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018) (holding that a "disability" under 38 U.S.C. § 1110 refers to functional impairment of earning capacity; pain need not be diagnosed as connected to a current underlying condition to function as an impairment).

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Catherine Cykowski

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.