Citation Nr: 21022999 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 15-34 935 DATE: April 19, 2021 ISSUE Entitlement to service connection for residuals, status-post total right ankle replacement. REMANDED Entitlement to service connection for residuals, status-post total right ankle replacement is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1966 to February 1970. This case comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Veteran testified before the undersigned during an April 2017 travel Board hearing; a copy of the transcript is of record. When this case was before the Board in August 2018, it was remanded for further evidentiary development. It has since been returned to the Board for additional appellate action. The Board finds that additional evidentiary development is required before the claim on appeal is adjudicated. The Veteran asserts, and testified before the undersigned, that service connection is warranted for residuals, status-post total right ankle replacement as related to an incident in service in which he was taking a motor pool to the fueling area and stepped in the island on to spilled fuel. He stated that his right foot went down from the curb under him, and he landed on his right side. He testified that he was taken to the U.S. Army hospital in Ankara, Turkey, where they took an X-ray, and he was placed in a cast. He later returned to this hospital for another cast when the first cast fractured and broke. The Veteran’s DD Form 214 shows that he had 11 months and 15 days of foreign and/or sea service; records also show service in Turkey. VA treatment records show that the Veteran had a right total ankle replacement in October 2012. Prior to his surgery, in September 2012, he recounted his aforementioned slip in service and was diagnosed with traumatic right ankle degenerative joint disease (DJD). The Board remanded this case to afford the Veteran a VA examination. The Veteran was afforded a VA examination in December 2019 in which the examiner stated that he did not have a current diagnosis associated with any claimed condition. The examiner opined that the condition claimed was less likely than incurred in or caused by the claimed in-service injury, event, or illness. The Board finds that clarification is required from the December 2019 VA examiner; namely, the requirement of a current disability is “satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim.” See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). As the Veteran filed the instant claim in March 2012, was subsequently diagnosed with right ankle DJD, and had a right total ankle replacement in October 2012 during the pendency of this claim, an opinion is required as to whether it is at least as likely as not (50 percent or greater probability) that any that any residuals, status-post total right ankle replacement, to include the diagnosed right ankle DJD, had its onset in service or is otherwise etiologically related to service. As such, an addendum opinion should be sought on remand. The Board also notes that it remanded this claim in August 2018 to attempt to obtain records from U.S. Army hospital in Ankara, Turkey. However, after unsuccessful evidentiary development, the RO notified the Veteran in December 2019 that these records could not be located and therefore were unavailable for review. As the Veteran asked in July 2020 correspondence if these records had been reviewed, the Board finds it pertinent to note again that these records were not located and were determined to be unavailable for review. The matters are REMANDED for the following action: 1. Provide access to the electronic claims file to the December 2019 VA examiner, or appropriate substitute if this examiner is not available, to provide an addendum opinion. The electronic claims file must be made available to and reviewed by the examiner. An examination should be performed if deemed necessary by the examiner providing the requested opinion. The examiner should opine whether it is at least as likely as not (50 percent probability or greater) that any residuals, status-post total right ankle replacement, to include the diagnosed right ankle DJD, had its onset in service or is otherwise etiologically related to service, to include the aforementioned broken or fractured right ankle in service. That is, the examiner is reminded that the requirement of a current disability is “satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim.” See McClain, 21 Vet. App. 319, 321. A full and complete rationale for all opinions expressed must be provided. 2. Readjudicate the issue on appeal. If the benefit sought on appeal is not granted in full, furnish to the appellant and his representative an appropriate supplemental statement of the case that includes clear reasons and bases for all determinations. The appellant should be afforded the appropriate time period to respond. MICHAEL A. PAPPAS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R.M.K., 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.