Citation Nr: 21076256 Decision Date: 12/23/21 Archive Date: 12/22/21 DOCKET NO. 17-13 010 DATE: December 23, 2021 REMANDED Service connection for a left ankle disability is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1990 to June 1991 and May 1998 to June 2008 in the United States Army, with an additional period of active duty for training from June 1989 to September 1989 and service in the National Guard. His awards and decorations include the Combat Action Badge. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office. In August 2021, the Veteran testified before the undersigned during a virtual hearing. A transcript of the hearing is included in the electronic claims file. Service connection for a left ankle disability is remanded. At the August 2021 hearing, the Veteran testified that he injured his left ankle during a "fun run" when his foot struck an unmarked pot hole and he fell. He testified that two or three classmates who were running near him also fell, and landed on top of him. He testified that he had to be assisted back to his feet, and was taken in the "chase vehicle" to the hospital in Fort Lee. He reports that his ankle was wrapped with an Ace bandage, and he was provided with crutches, which he used continuously for two to three weeks. He testified that during those two to three weeks, he was restricted from running, wearing boots, or putting weight on the left foot. The Veteran's service records currently appear incomplete. There are no records pertaining to a hospitalization, crutches, or restricted duty. Further, while the Veteran's multiple service separation documents (DD 214s) depict five separate periods of entry and separation from military service, his service treatment records contain very few entrance or separation examination reports, including the separation examination from his final period of service ending in June 2008. As such, the Board finds that the Veteran's complete personnel file, any in-service hospitalization records, and any outstanding entrance or examination reports must be obtained prior to appellate adjudication. Should the records provide any information concerning the left ankle injury as contended, a further medical opinion should be obtained. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). On remand, the Veteran is free to supplement the record with an opinion from his private provider as discussed at the August 2021 hearing. The matter is REMANDED for the following action: 1. Contact the National Personnel Record Center and/or the appropriate service entity to respond to the requests for the information below. Document all requests for information as well as all responses received in the claims file. (A.) Forward records of any in-patient or emergency room hospital treatment received by the Veteran pertaining to his left ankle. In this regard, he reports that he was transported to the hospital in Fort Lee following a fall and injury to his left ankle. Clarification from the Veteran may be required as to when the accident occurred, but his hearing testimony suggests it happened in the summer of 1999. (B.) Forward the Veteran's complete military personnel file, including any documents concerning restrictions of duty or physical profiles issued due to a left ankle injury. (C.) Forward any outstanding entrance and separation examination reports from military service, to include the separation examination report from the Veteran's final period of active duty ending in June 2008. (Continued on the next page) 2. If, and only if, the above-obtained records provide any further information concerning the left ankle injury as contended, afford the Veteran a VA examination to obtain evidence addressing the likely etiology of his left ankle disability. The examiner must be provided with the Veteran's electronic claims file, including all records obtained in response to the remand directive above. A rationale must be provided for all conclusions reached. The examiner is asked to opine on whether it is at least as likely as not that the current left ankle disability was incurred during active service or is related to an in-service injury, event, or disease. In doing so, the examiner is asked to consider the Veteran's lay reports and may state whether they are medically-consistent or medically-inconsistent with other evidence of record. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Smith, 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.