Citation Nr: 22005146 Decision Date: 02/01/22 Archive Date: 02/01/22 DOCKET NO. 17-55 891A DATE: February 1, 2022 REMANDED Entitlement to service connection for a right ankle disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1990 to September 2010. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision of the Department of Veterans Affairs (VA). The Veteran recently testified ata Board hearing in October 2019. The transcript of that Board hearing has been associated with the Veteran's claims file. In February 2020, the case came before the Board. The Board found that new and material evidence was submitted to reopen the claims for entitlement to service connection for a right foot disorder, a right ankle disorder, and a psychiatric disorder. In turn, the Board remanded the Veteran's claims for VA examinations to determine the nature and etiology of these disorders. In September 2020, the RO issued a rating decision that awarded entitlement to service connection for generalized anxiety disorder. Thus, this issue is no longer before the Board. In March 2021, the case returned to the Board. The Board remanded the Veteran's claims for entitlement to service connection for a right foot disorder and a right ankle disorder in order for the Veteran to attend an additional examination because the Board found the VA examinations following the February 2020 Board remand inadequate. In August 2021, the RO issued a rating decision that awarded service connection for a right foot disorder. Thus, this issue is no longer before the Board. Entitlement to service connection for a right ankle disorder is remanded. In June 2021, the Veteran attended a VA examination for this issue. The Veteran reported that he experiences pain and that his ankle will "lock up." While the examination report indicates that the examiner diagnosed the Veteran with a chronic collateral ligament sprain and tendonitis, the examiner stated that he was unable to provide a diagnosis for a right ankle disability. The examination report also shows that the examiner acknowledged that the Veteran injured his right ankle on active duty and that he has had pain in his ankle since he separated from service. However, the examiner still stated that the exact etiology of the Veteran's right ankle disorder is unknown. Accordingly, the Board finds that this opinion is inadequate because it contains contradictions and it is not a thorough and well-reasoned analysis of the Veteran's claimed ankle disorder. Moreover, the Board also finds this opinion is inadequate due to the United States Court of Appeals for Veterans Claims (Court) decision in Saunders, which held that pain alone that causes functional impairment may constitute a disability for VA rating purposes, without an identified underlying diagnosed condition. Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018). Thus, for the above stated reasons, the Board finds that a remand is required to obtain a more complete medical opinion as to the nature and etiology of the Veteran's disability. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records from October 1, 2021, to the present. 2. Schedule the Veteran for an appropriate VA examination to determine the nature and etiology of the Veteran's right ankle disorder. The electronic claims file must be reviewed by the examiner. All indicated testing and studies must be conducted, and all pertinent symptomatology must be reported in detail. After a review of the claims file, the examiners should provide answers to the following questions: (A). Identify all right ankle disorders that are currently present. (B). Is it at least as likely as not (50 percent probability or greater) that the Veteran's right ankle disorder, to include pain that causes functional impairment, had its onset in service or is caused by or related at least in part to his active service? (C). Is it as least as likely as not that the Veteran's right ankle disorder was caused or aggravated by the Veteran's service-connected disabilities? The examiner must address whether the Veteran's reported pain results in any functional impairment pursuant to Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018). That is, that pain in the absence of a presently diagnosed condition can cause functional impairment, which may qualify as a disability for VA purpose. In providing the requested opinions, the examiners should consider the Veteran's competent lay claims regarding the observable symptoms he has experienced. The VA examination report must include a complete rationale for all opinions expressed Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Rescan, 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.