Citation Nr: 21068645
Decision Date: 11/12/21	Archive Date: 11/12/21

DOCKET NO. 15-36 988
DATE: November 12, 2021

REMANDED

Service connection for a right shoulder disability is remanded.

Service connection for a right ankle disability is remanded.

Service connection for a right knee disability, to include secondary to a right ankle disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from February 2003 to September 2004 and from July 2010 to May 2012. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision.

When VA provides an examination for a service-connected claim it must provide an adequate one. Barr v. Nicholson, 21 Vet. App. 303, 31112 (2007). In August 2013, the Veteran underwent a VA examination for his right shoulder, knee, and ankle claims. The examiner opined that there was no evidence of in-service injuries and therefore it was less likely than not that the Veteran's claimed disabilities were the result of his active duty service. However, the examiner failed to consider several notations in the Veteran's service treatment records regarding these claimed disabilities. Specifically, a December 2011 note in the Veteran's service treatment records show pain in the Veteran's right shoulder as well as popping behind the right lateral ankle. Additionally, a February 2012 note in the Veteran's service treatment records show pain in the right knee. As such a remand is necessary in order to obtain an addendum opinion.

The matters are REMANDED for the following action:

Schedule a VA examination to determine the etiology of the Veteran's right shoulder, right ankle, and right knee disabilities. The claims file must be made available to the examiner for review.  All necessary tests and studies should be performed, and all findings reported in detail. 

The examiner must opine whether is at least as likely as not (50 percent or greater probability) that the Veteran's right shoulder, right ankle, and/or right knee disabilities is related to his military service.  Specifically, the examiner must address the Veteran's service treatment records noting shoulder, ankle, and knee issues. The rationale for the opinion must be provided.

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, 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.