Citation Nr: 21061994 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 11-15 406 DATE: October 6, 2021 REMANDED Service connection for a right ankle disorder, including as secondary to the service-connected bilateral pes planus with bilateral hallux valgus and left sinus tarsitis (bilateral foot disability), is remanded. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran, who is the appellant, served on active duty from November 1965 to November 1969. 1. Service connection for a right ankle disorder is remanded. In a November 2017 decision, the Board, in pertinent part, denied service connection for a right ankle disorder and a TDIU, which the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). The Board's November 2017 decision was remanded pursuant to a May 2021 Joint Motion for Partial Remand (JMPR) for the Board to provide an adequate statement of reasons or basis as to whether the Veteran has a current right ankle disability, pursuant to a decision issued by the U.S. Court of Appeals for the Federal Circuit subsequent to the Board's November 2017 decision. See Saunders v. Wilkie, 886 F.3d 1356, 1367-68 (Fed. Cir. 2018) (holding that pain can qualify as a disability where there is evidence of functional impairment of earning capacity). Based upon review of the record, and based on the subsequent decision issued by the U.S. Court of Appeals for the Federal Circuit, the Board now finds that the evidence demonstrates the Veteran has a current functionally impairing right ankle disability. With regard to the theory of secondary service connection (38 C.F.R. section 3.310), while the record includes a November 2010 VA examiner's opinion that it is less likely than not that the claimed right ankle disorder is etiologically related to service, the November 2010 VA examiner did not provide an opinion as to whether the current right ankle disability is caused by, or worsened beyond its normal progression by, the service-connected bilateral foot disability. For this reason, remand for VA addendum opinions regarding secondary service connection nexus questions would aid in deciding this claim. 2. A TDIU is remanded. The issue of a TDIU is inextricably intertwined with the issue of service connection for a right ankle disorder. The matters are REMANDED for the following action: Request that a VA medical professional review the electronic file and provide the VA addendum opinions requested below for the functionally impairing right ankle disability. If the VA examiner determines that additional examination(s) of the Veteran is necessary to provide reliable opinions as to causation, such examination(s) should be scheduled; however, the Veteran should not be required to report for another examination as a matter of course, if it is not found to be necessary. A rationale should be provided for all opinions. The VA examiner should provide the following opinions: a) Is it at least as likely as not (i.e., 50 percent probability or greater) that the current functionally impairing right ankle disability was caused by the service-connected bilateral foot disability? b) Is it at least as likely as not (i.e., 50 percent probability or greater) that the current functionally impairing right ankle disability was worsened beyond its natural progression by the service-connected bilateral foot disability? J. PARKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Choi, 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.