Citation Nr: 21042002 Decision Date: 07/11/21 Archive Date: 07/11/21 DOCKET NO. 18-47 834 DATE: July 11, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for residuals of a right ankle injury is remanded. REASONS FOR REMAND The Veteran served on active duty from January 2005 to May 2006. The Veteran appeals a January 2016 rating decision by the Agency of Original Jurisdiction (AOJ). A Board hearing was held in January 2021. A transcript is of record. The Veteran stated that his range of motion (ROM) goes down significantly during flare-ups and that he cannot move his ankle during flare-ups. See January 2021 Board Hearing Tr. at 7. A July 2015 letter by Dr. J.P. noted the Veteran had marked limitation and ROM. Overall, the Veteran has not had a VA examination regarding his right ankle condition. The record indicates right ankle limitation in ROM. However, the Board finds an examination is required to determine whether the Veteran has ankylosis. As such, remand is required for an examination to determine the current severity of the Veteran's right ankle condition. The matter is REMANDED for the following action: 1. Obtain any outstanding VA and/or private treatment records relevant to treatment the Veteran received for right ankle condition that are not already of record. All obtained records should be associated with the evidentiary record. If any identified records are not obtainable (or none exist), the Veteran and his representative should be notified, and the record clearly documented. 2. Thereafter, schedule the Veteran for an examination of the current severity of his right ankle condition. The examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing (if applicable). The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. The examiner should identify any symptoms and functional impairments due to the Veteran's condition and discuss the effect of the Veteran's condition on any occupational functioning and activities of daily living. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 3. After the above development has been completed to the extent possible, readjudicate the claim. If any benefit sought remains denied, provide the Veteran and his representative with a supplemental statement of the case (SSOC), and return the case to the Board, if otherwise in order. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Zheng, 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.