Citation Nr: 22018087
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 13-31 705
DATE: March 28, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from May 1984 to March 1988.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2011 rating decision issued by a Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).

1. Entitlement to service connection for a right ankle condition is remanded. 

This case was previously remanded by the Board in July 2021. The remand order directed the examiner to consider and discuss the Veteran's in-service treatment for foot pain, heel pain, and ankle swelling. The Veteran attended a November 2021 VA examination. The examiner noted a June 1984 in-service treatment note for foot pain. The examiner stated that this was about two weeks into basic training, with no further complaints of foot or ankle pain. The examiner found this was an acute episode of unspecified foot pain, likely secondary to increased activity/boots during basic training. 

However, a review of the service treatment records indicate that the Veteran was treated for heel pain in August 1984. The Veteran reported right heel pain and was treated with Motrin. As such, the examiner's statement that the Veteran had no further foot pain after June 1984 is incorrect. As the opinion was based on an inaccurate factual premise, a new opinion is required. See Reonal v. Brown, 5 Vet. App. 458, 461 (1993).

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from a VA examiner regarding the nature and etiology of the Veteran's ¬¬¬right ankle condition. The claims file, including a copy of this Remand, must be made available to the examiner for review. The decision for an in-person examination of the Veteran is left to the discretion of the examiner. 

Following a review of the record, the examiner is asked to provide a response to the following:

(a.) Is the Veteran's ankle condition at least as likely as not (a 50 percent or greater probability) related to her service, to include her treatment for foot pain and ankle swelling during service?

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The examiner should address the June 1984 service treatment record, which found the Veteran had swelling in the feet and ankles and that she reported that her shoes hurt her feet. The examiner should also address the August 1984 report of heel pain.   

The opinion given must be supported by rationale.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Patrick, 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.