Citation Nr: 21073992 Decision Date: 12/13/21 Archive Date: 12/13/21 DOCKET NO. 17-62 526A DATE: December 13, 2021 REMANDED Entitlement to service connection for right ankle condition as secondary to a service-connected left ankle disability is remanded. Entitlement to service connection for right shoulder condition as secondary to a service-connected left shoulder disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1999 to February 2000, and December 2000 to December 2013. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is associated with the claims file. 1. Entitlement to service connection for right ankle condition, to include as secondary to a service-connected left ankle disability is remanded. 2. Entitlement to service connection for right shoulder condition, to include as secondary to a service-connected left shoulder disability is remanded. The Veteran contends that he is entitled to service connection for right ankle and right shoulder conditions, including as secondary to service-connected disabilities. During the August 2021 Board hearing, the Veteran explained that his right ankle and shoulder pain began when he was discharged from service in 2013. He also stated his right ankle and right shoulder problems are caused by overuse in order to compensate for his service-connected left ankle and left shoulder disabilities. The Veteran reported that his right ankle rolls and swells, and that he has trouble with overhead reaching when using the right shoulder. The Veteran was afforded VA examinations in October 2015. Although the VA examiner noted that the Veteran experiences mechanical discomfort and pain with movement in both the right shoulder and right ankle, he determined the Veteran did not have any disabilities. The VA examiner opined that it was less likely than not that the claimed conditions are proximately due to or the result of his service-connected disabilities. As rationale, the VA examiner stated the Veteran's bilateral ankles are normal, and that evidence based medicine has shown that one joint does not adversely affect other joints. The VA examiner included a citation to a 2005 medical article in support of his opinion, but did not include a discussion of the article. The Board finds the medical opinion from the October 2015 VA examiner is inadequate. First, the Board notes that while pain alone may not constitute a disability, pain may rise to a level of functional impairment that impacts earning capacity, which would then qualify pain as a disability. See Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). The opinion does not reconcile the finding of mechanical discomfort and pain with the determination that the Veteran's right ankle and right shoulder are "normal." Additionally, the VA examiner did not discuss the Veteran's lay statements regarding symptoms and manifestations. We also note that the opinion consisted only of three sentences and made no specific reference to the Veteran's right shoulder. While the opinion did state, without explanation, how one joint does not affect other joints, it failed to address the impact of overuse of an opposite joint as compensation for an injured joint. Therefore, remand is required to obtain new VA examinations and medical opinions. The matters are REMANDED for the following action: 1. Schedule the Veteran for VA examinations for his right ankle and right shoulder disabilities. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinions below. 2. The examiner is asked to provide a response to the following: (a.) Is the Veteran's right ankle condition at least as likely as not related to service? (b.) Is the Veteran's right shoulder condition at least as likely as not related to service? (c.) Is the Veteran's right ankle condition at least as likely as not proximately due to service-connected left ankle disability? (d.) Is the Veteran's right shoulder condition at least as likely as not proximately due to service-connected left shoulder disability? (e.) Is the Veteran's right ankle condition at least as likely as not aggravated, i.e., worsened beyond its natural progression, by service-connected left ankle disability? (f.) Is the Veteran's right shoulder condition at least as likely as not aggravated, i.e., worsened beyond its natural progression, by service-connected left shoulder disability? Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Miller, 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.