Citation Nr: 21042093 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 19-33 790 DATE: July 12, 2021 ORDER Entitlement to service connection for a left ankle strain is granted. Entitlement to service connection for a right ankle strain is granted. FINDINGS OF FACT 1. Resolving reasonable doubt in the Veteran's favor, her left ankle strain is at least as likely as not due to her active duty service. 2. Resolving reasonable doubt in the Veteran's favor, her right ankle strain is at least as likely as not due to her active duty service. CONCLUSIONS OF LAW 1. The criteria for service connection for a left ankle strain are met. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for a right ankle strain are met. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1978 to October 1978 with additional service in the reserves. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In the November 2019 VA Form 9, Appeal to Board of Veterans' Appeals, the Veteran requested a hearing. VA scheduled a hearing for July 7, 2021. The Veteran did not have the scheduled hearing; however, the Board will proceed with adjudication of the issues of entitlement to service connection for a left ankle strain and a right ankle strain. As the Board is granting entitlement to service connection for these issues and this is a full grant of the benefit sought, the Veteran is not prejudiced by the Board's actions. Service Connection 1. Entitlement to service connection for a left ankle strain 2. Entitlement to service connection for a right ankle strain Service connection may be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred or aggravated in active military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a). In general, service connection requires competent and credible evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the current disability. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Board must consider all the evidence of record and make appropriate determinations of competence, credibility, and weight. See Washington v. Nicholson, 19 Vet. App. 362, 368 (2005). When there is an approximate balance of positive and negative evidence as to any issue material to the determination of a matter, VA will resolve reasonable doubt in favor of the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). The Veteran has current diagnoses of left and right ankle strains. See November 2018 VA examination. Moreover, the Veteran's service treatment records (STRs) indicate she sought treatment for bilateral ankle pain several times between July 1978 and August 1978. She contends that her current left and right ankle disorders were caused by her service. VA provided the Veteran an examination in November 2018 to determine the nature and etiology of her bilateral ankle disorder. The examiner provided a negative nexus opinion, in part, because the Veteran's post service treatment records do not contain complaints or treatment of a bilateral ankle disorder. However, reports of symptomatology that are not supported by contemporaneous clinical evidence does not render them inherently not credible. Dalton v. Nicholson, 21 Vet. App. 23, 39-40 (2007). The Board finds the November 2018 examination of little probative value because the examiner failed to consider the Veteran's competent and credible statements of her continued bilateral ankle symptoms since separation from active duty. (Continued on the next page) In July 2019, the Veteran provided a private medical nexus opinion by Dr. T.D, who has provided medical care to the Veteran for several years. Dr. T.D. reviewed the Veteran's medical history, relevant military medical records, and applicable medical literature, and opined that the Veteran's left and right ankle disabilities are highly likely a direct result of her physical training while on active duty. Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's left and right ankle disabilities began in service. Accordingly, after resolving the benefit of reasonable doubt in favor of the Veteran, the Board finds that service connection for a left ankle strain and a right ankle strain is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49 (1990). M. HYLAND Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Zachery S.C. Luce, 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.