Citation Nr: 21013137 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 18-40 920 DATE: March 8, 2021 ORDER Service connection for a right ankle disability is denied. FINDING OF FACT The preponderance of the evidence is against finding that a right ankle disability began during active service or is otherwise related to an in-service injury or disease. CONCLUSION OF LAW The criteria for a right ankle disability are not met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1978 to August 1980. This case is before the Board of Veterans’ Appeals (Board) on appeal from a May 2017 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified at a Board hearing. The transcript of the hearing has been associated with the record. The Veteran contends his current right ankle disability, also claimed as a right ankle bone spur, is the result of an injury sustained around November 1978 while stationed at Fort Hood. He states he twisted his back knee and right ankle while running across a field and stepping into a hole; he was treated by the infirmary and placed on light duty. See 01/26/2021, Hearing Transcript; 05/02/2018, Buddy / Lay Statement; 04/06/2017, VA 21-526EZ. Service connection will be granted for a current disability that resulted from an injury, disease, or aggravation while in active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Generally, service connection requires (1) a present disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the present disability and the in-service incurrence or aggravation of a disease or injury. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).  The Veteran and witnesses are competent to report symptoms and experiences they can observe. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); 38 C.F.R. § 3.159(a). VA must give due consideration to all pertinent medical and lay evidence in evaluating a claim for disability benefits. Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed Cir. 2009). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 57-58 (1990); 38 C.F.R. § 3.102. A review of the record demonstrates the criteria for service connection for a right ankle disability are not met. The record contains a competent diagnosis of a right ankle disability; accordingly, competent evidence of a current disability is found. 03/01/2021, CAPRI. Although the Veteran has a diagnosis of a right ankle disability, the preponderance of the evidence is against finding that it began during active service or is otherwise related to an in-service injury, event, or disease. The Veteran’s service treatment records contain evidence the Veteran was regularly treated for medical issues while in service, but the records are negative for any right ankle issue. In November 1978, the Veteran was excused from field duty because of allergies and treated for pain in both knees and other non-musculoskeletal issues. 12/01/2015, STR–Medical. The Veteran checked “no” on a November 1978 medical history questionnaire question regarding swelling of the ankles, and in that same questionnaire selected “yes” for taking medicine and wrote in “knee.” 12/01/2015, STR–Dental. In 1979, the Veteran was treated for a swollen right hand, sore legs, a right calf sprain, a right thigh injury, and pain in both knees, among other non-musculoskeletal problems, but no ankle issues. 12/01/2015, STR–Medical. In May 1980, the Veteran was excused from physical training and sports for five days due to a pulled groin muscle. He was treated for right thigh pain in April 1980 and left thigh pain in July 1980. See id. An August 1980 treatment note and the Veteran’s separation examination indicate an x-ray of the femur revealed a bone spur. The separation examination also notes a history of thigh pain and cramps in the legs. See id. The femur is notably not part of the ankle joint. A December 2015 VA examiner opined it is less likely as not that the current right ankle condition was caused by, aggravated by, or the result of active military service. He provided the rationale that he found no indication of medical treatment for a right ankle condition while the Veteran was in active service, the discharge physical notes a right femur x-ray which had a bone spur, but no indications of right ankle conditions are noted in the separation physical or while the Veteran was in active military service. 12/23/2015, C&P Exam. Although the Veteran is competent to report that he suffered a right ankle injury in service, his reports are largely not credible due to inconsistency with other evidence in the record. The Veteran’s service treatment records seem thorough and contain complaints of many instances of soreness, sprains, and discomfort, but no complaints of an ankle injury or issue. Buchanan v. Nicholson, 451 F.3d 1331, 1336-37 (Fed. Cir. 2006). Although the Veteran believes his current right ankle disability is related to an in-service injury, the preponderance of the evidence weighs against findings that in-service injury affecting the right ankle occurred. The Board is sympathetic to the Veteran and is grateful for his honorable service; however, the evidence in the record does not reach the level of equipoise. As the preponderance of the evidence is against the claim, service connection for a right ankle disability must be denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. JAMES L. MARCH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Costa, 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.