Citation Nr: 20063379 Decision Date: 09/28/20 Archive Date: 09/28/20 DOCKET NO. 18-37 476 DATE: September 28, 2020 REMANDED Entitlement to service for a left ankle disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1967 to June 1969. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2018 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO) in Houston, Texas. In February 2019, the Veteran appeared at a Board hearing and testified before the undersigned Veterans Law Judge. Entitlement to service connection for a left ankle disorder is remanded. Remand is required for an adequate VA examination and opinion. Where VA provides the veteran with an examination in a service connection claim, the examination must be adequate. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). The central issue in determining probative value of a medical opinion is whether the examiner was informed of the relevant facts. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 302-04 (2008). The Veteran received a VA examination in December 2019. 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. The examiner reasoned that the separation exam was silent for an ankle injury, the Veteran did not receive treatment for his ankle injury until 2015, and thus there was a 46 year gap in care and so they could not establish chronicity of the condition. The examiner failed to address the Veteran’s contentions that he has experienced continuity of symptoms regarding his left leg injury since service. Notably, these statements have been somewhat corroborated by the Veteran’s ex-wife and current wife. Accordingly, remand is required for an addendum opinion. The matters are REMANDED for the following action: 1. Obtain an addendum opinion regarding the etiology of all left order disorders from a VA examiner. The entire claims file must be made available to and be reviewed by the examiner. If an examination is deemed necessary, it shall be provided. An explanation for all opinions expressed must be provided. (a.) The examiner is asked to address all left ankle disorders found in the record, including but not limited to intra-articular loose body within tibiotalar joint and minimal degenerative changes and chronic changes in the left ankle. (b.) The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that each diagnosed left ankle disorder had onset in, or is otherwise related to, active service. (c.) The examiner must address the following: 1) Veteran February 2019 Board hearing testimony; 2) the Veteran’s lay statements regarding continuity of symptoms after service; 3) July 2020 buddy statements corroborating the Veteran’s ankle pain immediately after service; 4) July 2020 buddy statement corroborating ankle pain since at least 2000; and 4) the Veteran’s STRs. For purposes of this examination only, the examiner must presume that the Veteran experienced ankle pain after service. 2. If an examination is scheduled, notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claim, and that the consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655 (2017). In the event that the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals C. Vickers, Attorney for the Board Department of Veterans Affairs 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.