Citation Nr: 21026463
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 14-33 943
DATE: May 3, 2021

REMANDED

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

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

REASONS FOR REMAND

The Veteran served on active duty from February 1984 to October 1993.

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

2. Entitlement to service connection for a left foot disability is remanded.

The issues were previously remanded to obtain SSA records and an adequate medical opinion, which was to address aggravation. SSA records have now been associated with the file. The Veteran was scheduled for a new examination, but he failed to appear. The AOJ then readjudicated the case and issued a supplemental statement of the case (SSOC) based on the Veteran's failure to attend his examination appointment. However, the medical opinion of record is still inadequate inasmuch as there is no opinion on aggravation. An addendum opinion must be obtained. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding the Veteran's left ankle disability. The clinician should answer the following question: Is the Veteran's left ankle disability at least as likely as not proximately due to or aggravated by a service-connected disease or injury?

2. Obtain an addendum opinion from an appropriate clinician regarding the Veteran's left foot disability. The clinician should answer the following question: Is the Veteran's left foot disability at least as likely as not proximately due to or aggravated by a service-connected disease or injury?

3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues 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.

 

 

N. RIPPEL

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.