Citation Nr: 21066658 Decision Date: 11/01/21 Archive Date: 11/01/21 DOCKET NO. 19-12 114 DATE: November 1, 2021 REMANDED Entitlement to service connection for a right ankle condition is remanded. REASONS FOR REMAND The Veteran had active service from March 1967 to December 1970. This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). This case has been before the Board twice before. Unfortunately, as discussed in greater detail below, the development conducted does not adequately comply with the directives of the July 2021 remand. Service Connection - Right Ankle Pursuant to the Board's July 2021 remand, the Veteran's file was reviewed by a VA examiner in August 2021. Per the July 2021 remand, the examiner was to discuss the Veteran's lay statements as well as the possibility of his documented in-service ankle injury leading to his current right ankle complaints. The examiner was also to discuss the Veteran's March 2019 correspondence in which he challenged the July 2016 examiner's conclusion that his right ankle changes were due to chronic degenerative changes from aging, obesity, and repetitive stress. The Veteran refuted these conclusions by pointing out that his left ankle has no such issues. In the August 2021 VA examination report, the examiner indicated that the Veteran's current right ankle condition was less likely than not related to the acute right achilles complaints that were noted in his service treatment records (STRs). The right ankle condition was also found to be less likely than not related to service. However, no rationale was provided for this conclusion. There was no discussion of the Veteran's in-service ankle injury and how, or if, it could cause the Veteran's current complaints. There was no discussion of whether the July 2016 examiner's claims of degenerative changes related to age, obesity, or repetitive use were accurate, nor was there any discussion of why the Veteran's right and left ankles did not have shared complaints. There was also no discussion of the nature or etiology of the Veteran's right ankle degenerative arthritis. Accordingly, due to the deficiencies in the August 2021 VA examination report, remand is necessary to afford the Veteran a new VA examination to adequately assess the nature and etiology of the claimed right ankle disabilities. The matter is REMANDED for the following action: Schedule the Veteran for a new VA examination by an examiner with appropriate expertise to determine the nature and etiology of the Veteran's claimed right ankle disabilities, to include right ankle degenerative arthritis. The claims file must be made available to, and reviewed by, the examiner. Any indicated studies should be performed. Based on the examination results and a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present right ankle disability or associated symptoms had its onset during the Veteran's active service or is otherwise etiologically related to such service. The examiner should specifically address the Veteran's lay statements regarding the injuries he sustained during active service. This includes injuries sustained from a jack falling onto his ankle, a misstep off of either a box or a vehicle, and the injury while playing handball. The examiner should also discuss the Veteran's assertion that these right ankle issues have been ongoing since service and are not related to aging, obesity, or repetitive stress as noted by the July 2016 examiner, because he does not have similar symptomatology in the left ankle. The rationale for all opinions expressed must be provided. L. STEPANICK Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Andrew Ledman II 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.