Citation Nr: 21031783
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 10-37 445
DATE: May 24, 2021

REMANDED

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

REASONS FOR REMAND

This case was previously before the Board of Veterans' Appeals (Board) and was denied in a November 2019 decision.  The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court).  In a December 2020 Order, the Court vacated and remanded the November 2019 decision pursuant to the terms of a Joint Motion for Remand (JMR) by the parties.  The December 2020 JMR directed the Board to provide reasons or bases addressing favorable medical evidence, a theory of entitlement of secondary service connection, and clarify the time of onset of the condition.  

The Board finds remand is warranted for an examination as the medical evidence, as it currently stands, is insufficient for proper adjudication of the claim.  First, and pursuant to the December 2020 JMR, remand is warranted to determine the onset of the Veteran's current right ankle condition.  Additionally, an opinion has not been provided on whether the current right ankle disability is related to service-connected bilateral knee arthritis.  For these reasons, remand is warranted.  On remand, the examiner should, to the extent possible, determine the date of onset of the current right ankle disability, as well as provide an opinion whether it is related to service-connected bilateral knee arthritis.  In doing so, the examiner must consider the favorable September 2012 medical opinion from Dr. S.Y.  

Additionally, the record appears to be missing VA Treatment records as only records from June 2011 are associated with the record.  Accordingly, any outstanding VA treatment records should be obtained and associated with the claims file.  

The matter is REMANDED for the following actions:

1. Obtain the Veteran's outstanding VA treatment records.

2. Schedule the Veteran for a VA examination for his claimed right ankle disability.  The examiner must review the claims file. The examiner is asked to provide a response to the following:

(a) Is the current right ankle disability at least as likely as not related to service, including an August 1983 right ankle sprain? To the extent possible, the examiner should provide an opinion on the date of onset of the current right ankle disability.  

Consider the Veteran's description of his in-service injury and symptoms as well as his post-service symptoms.  If there is any medical reason to accept or reject the proposition that the Veteran's reported injury and symptoms in service and thereafter represented the onset of his current disability, this should be noted.  Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible?

The examiner must consider the favorable September 2012 medical opinion from Dr. S.Y.  

(b) Is the current right ankle disability at least as likely as not proximately due to service connected (1) bilateral knee arthritis or (2) bilateral pes planus?

(c) Is the current right ankle disability at least as likely as not aggravated, i.e., worsened beyond its natural progression, by (1) bilateral knee arthritis or (2) bilateral pes planus?

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Vang, Stephanie

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.