Citation Nr: 21028050
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 17-67 921
DATE: May 10, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from January 1991 to January 1994.

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

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

The Veteran has alleged that his November 2014 VA examination for his left ankle was inadequate. Specifically, he has stated that the examiner only asked him questions and did not examine his ankle. Remand is necessary for a new examination. 

The matter is REMANDED for the following action:

1. Schedule the Veteran for a VA examination for the left 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.

For any disability identified, the examiner is asked to provide a response to the following:  Is the disability at least as likely as not related to service, including his in-service left ankle strain/sprain?  

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.