Citation Nr: 21012337 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 14-42 778 DATE: March 4, 2021 ORDER Entitlement to service connection for a right ankle osteoarthritis is denied. FINDING OF FACT The preponderance of the evidence is against finding the Veteran’s right ankle osteoarthritis had its onset in service, within the first year after separation, or is otherwise etiologically related to his military service, to include in-service right ankle sprain. CONCLUSION OF LAW Right ankle osteoarthritis was not incurred in or aggravated by service. 38 U.S.C. §§ 1110, 1112, 1113, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1977 to November 1977. The Veteran is deceased, and the appellant has been found to be the substitute party in these matters. This appeal originally came to the Board from an April 2012 rating decision. Most recently, the Board reopened the claim for entitlement to service connection for a right ankle disability and remanded the matter in November 2019. 1. Entitlement to service connection for a right ankle disability The Veteran contends that his osteoarthritis of the right ankle is related to an in-service right ankle sprain. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Certain chronic diseases will be presumed related to service, absent an intercurrent cause, if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service (or within an applicable presumptive period) with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that, while the Veteran had a diagnosis of right ankle arthritis during the pendency of this appeal, and evidence shows that the Veteran was treated for an right ankle sprain in-service, the preponderance of the evidence weighs against finding that the Veteran’s diagnosis of right ankle arthritis began during service or is otherwise related to an in-service injury, event, or disease. Arthritis is an enumerated condition under 38 C.F.R. § 3.309(a); Walker, 708 F.3d 1331. However, the disability was not shown as chronic in service, did not manifest to a compensable degree within a presumptive period, and was not noted in service with attributable continuity of symptomatology. Treatment records show the Veteran was not diagnosed with right ankle osteoarthritis until August 2016, decades after his separation from service and decades outside of the applicable presumptive period. While the Veteran is competent to report having experienced symptoms of pain and swelling since service, he is not competent to provide a diagnosis in this case or determine that these symptoms were manifestations of arthritis. The issue is medically complex, as it requires knowledge of the interpretation of complicated diagnostic medical testing. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Additionally, the treatment records weigh against the Veteran’s statements that he has experienced pain and swelling since service. The Veteran has sought treatment for a plethora of ailments since service, and particularly after his cerebrovascular accident (CVA) in 1996, however complaints of right ankle issues are few. It would be reasonable to expect the Veteran to seek treatment for right ankle pain and swelling when he sought treatment for gout and left ankle issues. Taken together, the May 2019 and February 2020 VA examiners’ opinions establish that the Veteran’s right ankle osteoarthritis is not at least as likely as not related to an in-service injury, event, or disease, including in-service right ankle sprain. Both examiners opined that the Veteran’s right ankle osteoarthritis was not at least as likely as not related to the in-service right ankle sprain. The combined rationale was that the Veteran’s in-service right ankle sprain resolved in-service and is thus unrelated to the post-service right ankle disability. The evidence did not support a finding of an ongoing right ankle condition for many years after the Veteran’s separation. The examiners’ combined opinion is probative, because it is based on an accurate medical history and provides an explanation that contains clear conclusions and supporting data. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). Consequently, the Board gives more probative weight to the May 2019 and February 2020 VA examiner’s opinion. The preponderance of the evidence is against finding the Veteran’s right ankle osteoarthritis is related to the in-service right ankle sprain. DUSTIN L. WARE Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Rekowski 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.