Citation Nr: 21015628
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 15-06 284A
DATE: March 18, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served in the Air Force from January 1979 to June 1981. 

In September 2019, the Board denied the Veteran’s claim for service connection for a right ankle sprain.   The Veteran appealed the decision to the CAVC which, in November 2020, vacated the decision and remanded it for further development.  See Tucker v. West, 11 Vet. App. 369, 374 (1998) (remand is appropriate “where the record is otherwise inadequate) 

1. Entitlement to service connection for a right ankle sprain is remanded.

In this case, the August 2013 VA examiner stated that the Veteran’s right ankle sprain occurred during his military service, but now has no residuals or active diagnosis.  The Board concludes that a remand is necessary because despite the examiners finding that the Veteran’s right ankle sprain has resolved, there was a diagnosis related to such during the appeal period. See McLain v. Nicholson, 21 Vet. App. 319 (2007) (holding that the "current disability" requirement for service connection is met if disability is shown at any time during the claims period). 

Therefore, the Board cannot make a fully-informed decision on the issue of whether the Veteran’s right ankle sprain is a result of his military service because no VA examiner has opined whether his right ankle sprain is due to the injury he sustained during his military service.  

The matters are REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s right ankle sprain is at least as likely as not related to an injury sustained during his military service.  

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Vample, Erica