Citation Nr: 21067526
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 11-16 777
DATE: November 4, 2021

REMANDED

Entitlement to service connection for a recurrent right ankle disability is remanded.  

REASONS FOR REMAND

The Veteran had active service from October 1988 to September 1994.  

Entitlement to service connection for a recurrent right ankle disability is remanded.

In October 2011, the Veteran was afforded a Department of Veterans Affairs (VA) ankle examination.  In its June 2021 Remand, the Board of Veterans' Appeals (Board) requested that an addendum to the October 2011 VA ankle examination report be obtained that addressed whether "it is at least as likely as not (50 percent or greater probability) that the right ankle disability is related to service or was incurred within a year of service."   

An undated Exam Scheduling Request received in August 2021 states that the right ankle examination report addendum was being requested.  The requested addendum is not of record.

Clinical documentation dated after March 2020 is not of record.  VA should obtain all relevant VA, prison, and private treatment records which could potentially be helpful in resolving the Veteran's claim.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).  

The matter is REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for each healthcare provider, including the Texas Department of Criminal Justice, who has treated any right ankle disability.  Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile.    

2. Obtain any VA examination and treatment documentation not of record, to include the requested addendum to the October 2011 VA right ankle examination report and that clinical documentation pertaining to treatment after March 2020.  

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.R. Kardian, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.