Citation Nr: 21012344
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 17-32 269
DATE: March 4, 2021

REMANDED

Entitlement to service connection for a left ankle disability is remanded.

Entitlement to service connection for a right ankle disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1975 to June 1985. The claim was most recently before the Board in October 2020 when it was remanded for further development. There has not been substantial compliance with the remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268 (1998).

The Veteran maintains that he developed bilateral ankle problems during active duty service after playing basketball and as a result of running in combat boots. He has stated that his ankle problems have persisted since active service.

In April 2016, he underwent a VA examination and was diagnosed with bilateral ankle strain. The Board remanded the matter to obtain VA opinions addressing whether either diagnosed ankle strain is related to service. Instead, the Veteran was scheduled for another VA examination where he was diagnosed with bilateral ankle tendonitis. The examiner’s negative nexus opinion addressed the Veteran’s tendonitis but failed to answer the question in the October 2020 Board remand instructions. As such, another remand is needed to obtain an addendum VA opinion that addresses the etiology of the Veteran’s diagnosed bilateral ankle strains.

The matters are REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician (preferably an orthopedic surgeon) regarding the Veteran’s diagnosed bilateral ankle strain. Copies of all pertinent records must be made available to the examiner for review. If the examiner determines that an opinion cannot be provided without an examination, (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) one should be scheduled.

Following review of the claims file, the clinician should answer the following question: 

Is it at least as likely as not (50 percent probability or greater) that the Veteran’s diagnosed bilateral ankle strain had its onset during service or is otherwise related to active duty service? 

The examiner is asked to specifically comment on the Veteran’s lay statements attesting to experiencing ankle problems due to running in combat boots and playing basketball during active duty service. The examiner is also asked to comment on the relevance of February 1978 and June 1980 service treatment records showing the Veteran received treatment for complaints of right ankle pain. A complete rationale must be provided for all opinions.

 

 

M. E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jack S. Komperda, 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.