Citation Nr: 21068498
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 16-25 528
DATE: November 10, 2021

REMANDED

Service connection for a left ankle condition is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Army from May 1989 to September 1989.  She also had National Guard Duty service.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran attended a videoconference hearing before the undersigned in March 2016.

In November 2019, the Board denied service connection for a left ankle condition.  In an April 2021 Memorandum Decision, the Court of Appeals for Veterans Claims vacated the Board's November 2019 decision and remanded the claim for readjudication consistent with its decision.

Left Ankle

In December 2015, the Veteran underwent a VA examination for her claim.  The examiner was unable to diagnose a left ankle condition but did make findings that the Veteran's left ankle pain impacts her ability to perform any type of occupational task such as prolonged standing or walking.  At this examination the Veteran also reported that she is unable to stand for more than five hours and avoids walking a flight of stairs.  The Board finds this functional impairment caused by the Veteran's left ankle pain, to be sufficient to meet the definition of a disability.  See Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018).  As the Board has now found the Veteran to have a left ankle disability, a remand is necessary to obtain an addendum opinion on the etiology of the Veteran's left ankle pain.

In a September 2021 informal hearing presentation, a contention was raised that the Veteran's left ankle disability may be secondary to her service-connected shin splints.  No VA physician has opined on this theory of entitlement.  Accordingly, a remand is necessary to obtain an addendum opinion.

The matter is REMANDED for the following action:

1. Obtain an addendum opinion regarding whether the Veteran's left ankle pain is at least as likely as not (50 percent or greater) related to an in-service ankle sprain.  The rational for the opinion must be provided.

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2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's left ankle pain is at least as likely as not proximately due to her service-connected shin splints or aggravated beyond its natural progression by her service-connected shin splints.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael Chandeck, 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.