Citation Nr: 21002811 Decision Date: 01/15/21 Archive Date: 01/15/21 DOCKET NO. 14-28 654A DATE: January 15, 2021 ORDER Entitlement to service connection for a left ankle disability is granted. FINDING OF FACT The Veteran’s left ankle disability was aggravated by his time on active duty. CONCLUSION OF LAW The criteria to establish service connection for a left ankle disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1983 to June 1992 and September 2005 to June 2007. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran service connection for a left ankle disability. A Board hearing was held in June 2019. A transcript is of record. This case was previously before the Board in October 2020 and remanded for additional development. The case has returned to the Board for further appellate proceedings. A Veteran is entitled to VA disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. § 1110. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called “nexus” requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that a disease was incurred in service. 38 C.F.R. § 3.303 (d). The Veteran attended a December 2020 VA examination. The examiner diagnosed him with a left ankle disability, namely status post left ankle tendon repair surgery with residuals. See December 2020 VA examination report. The December 2020 VA examiner stated that the current history and examination, along with the Veteran’s STRs, identifies permanent aggravation of his left ankle disability by military service. The examiner reasoned that the Veteran’s STRs support aggravation while in service. The examiner ultimately opined that a nexus has been established. The examiner concluded that the Veteran’s left ankle was aggravated beyond natural progression and required two tendon repair surgeries. Such opinion is highly probative and sufficient to satisfy the third Shedden element. Additionally, the Board finds that the Veteran provided highly credible testimony at his June 2019 Board hearing regarding aggravation of his left ankle during his second period of active duty service. As all three Shedden elements have been met, the Board finds that service connection for a left ankle disability is warranted. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Katie Poe, Associate 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.