Citation Nr: 21015646
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 17-66 937
DATE: March 18, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from March 2010 to March 2016.

This matter was previously before the Board in November 2019. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In an October 2020 order, the Court remanded the case to the Board for action consistent with an October 2020 Joint Motion for Partial Remand (JMPR).

 

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

The VA examination of record was determined to be partially inadequate. During the examination the Veteran reported current right ankle symptoms including dull pain and pain of 5 on a 1-10 pain scale. However, the examiner later stated that the Veteran did not experience pain on examination. The examiner did not address this discrepancy. Remand is necessary for an examination that properly accounts for all information. 

The matter is REMANDED for the following action:

1. Schedule the Veteran for a VA examination for the right ankle.  The examiner must review the claims file.

If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below.

The examiner is asked to provide a response to the following question.

For any identified right ankle disability: Is the disability at least as likely as not related to service?  

Provide a rationale to support the opinion(s).  

 

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Creegan

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.