Citation Nr: 21026590 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 12-27 375A DATE: May 3, 2021 REMANDED Entitlement to service connection for a right ankle disability is remanded. Entitlement to nonservice-connected pension benefits is remanded. REASONS FOR REMAND The Veteran had active duty service from August 2001 to August 2005. These matters were previously before the Board in July 2016, June 2019, and July 2020, at which time they were remanded for further development. Unfortunately, additional remand is necessary to afford the Veteran full due process rights. 1. Entitlement to service connection for a right ankle disability is remanded. In an April 2018 VA examination, the Veteran reported an onset of symptoms associated with his right ankle in 2004, as well as functional impairment that included an inability to play sports and stand for prolonged periods. In June 2019, the Board requested an addendum opinion on this issue as the previous examination did not properly consider Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). The examiner was asked to address any functional impairment due to right ankle pain; however, in the responsive January 2020 medical opinion, the examiner only stated that functional impairment and functional loss were addressed in the April 2018 VA examination. Another addendum opinion was requested, but the September 2020 examiner once again relied on the insufficient April 2018 VA examination. As a result, the January and September 2020 medical opinions are similarly inadequate. Thus, on remand, an addendum opinion properly addressing the issue of functional impairment due to right ankle pain is necessary. 2. Entitlement to nonservice-connected pension benefits is remanded. The issue of nonservice-connected pension benefits was previously remanded as it was inextricably intertwined with the issue of service connection for a right ankle disability. Thus, as the right ankle disability requires further remand, a remand of this claim is also warranted. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from a new examiner, if possible, to determine the nature and etiology of the Veteran's claimed right ankle disability. A complete copy of the claims file, to include this remand, must be made available to the examiner. A new examination may be scheduled if deemed necessary. The examiner should consider the Veteran's lay reports of symptoms associated with his right ankle disability. After a thorough review of the medical and lay evidence of record, the examiner should opine as to the following: (a.) Identify any and all present disabilities of the right ankle, to include pain of the joint that causes functional impairment. The Board acknowledges the April 2018 finding of a normal diagnosis for the Veteran's right ankle, but the examination report also documents reports of functional loss of the joint. Therefore, in light of Saunders, the examiner should acknowledge that pain alone can serve as a functional impairment and therefore qualify as a disability. The examiner should not conclude that there is no functional impairment because one was not documented in the April 2018 VA examination report. Instead, the examiner should opine as to whether: It is at least as likely as not (50 percent or greater probability) any reported right ankle pain results in functional impairment of earning capacity, i.e., a disability for VA purposes. (b.) For each identified disability, is it at least as likely as not (50 percent or greater probability) that the identified disability began in or was otherwise caused by the Veteran's active service? (c.) In developing these opinions, the examiner should address the Veteran's statements with regard to onset of his claimed disability. (d.) The examiner must provide a comprehensive report that includes a complete rationale for all opinions and conclusions reached. (Continued on the next page) 2. After completion of the above, readjudicate the claims, to include the intertwined claim of entitlement to nonservice-connected pension benefits. Hannah Fisher Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Jaigirdar, Associate 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.