Citation Nr: 21028038 Decision Date: 05/10/21 Archive Date: 05/10/21 DOCKET NO. 15-29 368 DATE: May 10, 2021 REMANDED Entitlement to service connection for a right ankle disorder is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Air Force from June 1972 to September 1973. He then served in the Air Force Reserves. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2013 rating decision by the Regional Office (RO) of the United States Department of Veterans Affairs (VA). This matter was previously before the Board in August 2018 and October 2020. It was remanded in August 2018 so that private treatment records, as well as a VA ankle conditions examination, could be obtained. In the October 2020 remand, the Board determined that further development was again necessary. The RO was instructed to undertake additional attempts at getting private treatment records and obtain either a VA ankle examination or addendum opinion. These remands also requested additional development of a service connection claim for a bilateral foot disorder. In March 2021, the agency of original jurisdiction (AOJ) issued a rating decision which granted service connection for bilateral pes planus. This represents a full grant of benefits and therefore this issue is no longer on appeal. Regarding the right ankle disorder, a VA addendum opinion was completed in March 2021, and the matter is again before the Board. If VA provides an examination that examination must be adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). Following review of the records, the March 2021 examiner opined that there was no objective evidence or radiographic imaging evidence of a diagnosable ankle condition, and no demonstration of related complaints which are productive of functional impairment. Accordingly, no nexus opinion was rendered. However, it is unclear here whether the examiner was indicating that the right ankle synovitis diagnosis that had been made in the prior August 2019 examination has since resolved, or whether he disagreed with the prior examiners assessment that this synovitis diagnosis was warranted. The Board notes that the requirement in a claim for service connection of 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, even though the disability resolves prior to adjudication of the claim. McClain v. Nicholson, 21 Vet. App. 319 (2007). Accordingly, even if the examiner had found that the condition had since resolved, consideration of a nexus opinion based on the previously diagnosed synovitis should have been provided. Remand for examination is required. Furthermore, additional attempts have been made to obtain private medical records following the October 2020 remand. Regarding one of the providers identified on the Veteran's VA Form 21-4142, it appears that the records have been obtained from the incorrect medical practice. The Veteran provided an address and identified this provider as merely "Podiatry." While it appears that a request was made to the provider at this address, the records subsequently associated with the file were from a dental practice. Accordingly, the Veteran should be notified of this and provided the opportunity to submit an additional request for records from this podiatrist. The matters are REMANDED for the following action: 1. Contact the Veteran and request properly executed release for the private podiatrist identified on the February 2021 VA Form 21-4142. Upon receipt of such, VA must take appropriate action to contact the identified provider and request complete treatment records. The Veteran should be informed that in the alternative he may obtain and submit the records himself. 2. Schedule the Veteran for a VA ankle examination; the claims folder must be reviewed in conjunction with such. The examiner must identify any current right ankle condition. For each diagnosed condition, the examiner must opine as to whether such is at least as likely as not caused or aggravated by service. If no ankle disability is present at the time of examination, the examiner should still proceed to provide an opinion on the etiology of the identified right ankle synovitis, or any other disability which was present during the appellate period, even if now resolved. 3. Then, readjudicate the remanded issue. If the benefit sought remains denied, the Veteran should be provided with a supplemental statement of the case and returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.P. Faris 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.