Citation Nr: 21068763 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 16-48 525 DATE: November 12, 2021 ORDER Service connection for a chronic right ankle disorder is denied. REMANDED Service connection for an acquired psychiatric disorder. FINDINGS OF FACT 1. The Veteran had active service from August 1993 to November 1994. 2. A current right ankle disorder has not been shown. CONCLUSION OF LAW A chronic right ankle disorder was not incurred in service. 38 U.S.C. §§ 1110, 5103(a), 5103A, 5107 (2012); 38 C.F.R. §§ 3.159, 3.303 (2021). REASONS AND BASES FOR FINDINGS AND CONCLUSION Turning to the relevant laws and regulations, service connection may be granted on a direct basis as a result of disease or injury incurred in service based on nexus using a three-element test: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred in or aggravated by service. See 38 C.F.R. §§ 3.303(a), (d); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009). The Veteran asserts that he has a right ankle disorder which began during or is otherwise related to his active duty. Nonetheless, the first element of service connection, a current chronic disability, has not been shown. In this regard, the only treatment records which he has submitted make no mention of treatment, diagnosis, or complaints of a right ankle disorder. Specifically, while these clinical records reflect a Problem Lists, there is not an indication of a right ankle disorder listed among his other ailments. Additionally, he has not asserted, and the record does not show, that he received any treatment at a VA or private facility for his right ankle for which VA should assist him in obtaining records. The Board has considered the Veteran's lay statements that he has a right ankle disorder which was caused by service. He is competent to report symptoms because this requires only personal knowledge as it comes to him through his senses. However, he is not competent to offer an opinion as to the etiology or diagnosis of any current disorder due to the medical complexity of the matter involved. Such competent evidence has been provided by the service records and clinical evidence associated with the claims file. Here, the Board attaches greater probative weight to the clinical findings than to his statements. Thus, the medical records associated with the record for the relevant appeal period have failed to a show current, chronic diagnosis with respect to his right ankle. Service connection may not be granted for a diagnosis of disability by history. Sanchez-Benitez v. West, 13 Vet. App. 282 (1999). Accordingly, the medical evidence does not support the appeal as no current disorder is shown. Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board's consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). REASONS FOR REMAND Regarding the Veteran's appeal for service connection for an acquired psychiatric disorder, he has asserted he has posttraumatic stress disorder (PTSD), anxiety and depression which began during service. Specifically, he has asserted that he underwent harassment from fellow soldiers as well as superiors which caused his psychiatric disorder. The private treatment records reflect diagnoses for PTSD. Additionally, the service treatment records (STRs) reflect periods of significant stress during service which affected his performance. Referrals to mental health treatment were also made during service. Nonetheless, there is no nexus opinion and he has not been afforded a VA examination; thus, an examination must be conducted to assess the current status and etiology of any psychiatric disorder. The matter is REMANDED for the following actions: 1. Identify and obtain any outstanding, pertinent, VA and private treatment records and associate them with the claims file. 2. Schedule the Veteran for a VA examination to assess the status and etiology of any present psychiatric disorder. The entire claims file should be made available to, and reviewed by, the examiner. Any indicated studies should be performed. Thereafter, the examiner is asked to provide a diagnosis for any present psychiatric disorder and for each diagnosis shown, provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the disorder began during, or was a result of, the Veteran's active duty service. A thorough rationale is required for any opinion rendered. L. HOWELL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Yacoub, 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.