Citation Nr: 22018264
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 18-18 104
DATE: March 28, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Air Force from May 1979 to March 1983.

The Board of Veterans' Appeals (Board) remanded the matter on appeal for additional evidentiary development in November 2021. Unfortunately, another remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the claim.  

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

The November 2021 remand directives instructed the regional office to obtain an addendum etiological opinion about the Veteran's claimed right ankle disability. The requested addendum opinion was provided in December 2021. The VA examiner found that the Veteran's right ankle disability was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. She reasoned that the Veteran's in-service ankle sprain was acute only and there was no evidence of chronicity of care; his symptoms were noted as subjective only and there was no documentation of right ankle pain or problems for the 31 years since separation. The Board finds that this medical opinion is inadequate because it does not reflect due consideration of the Veteran's copious lay statements and testimony regarding onset and continuity of right ankle symptoms. Miller v. Wilkie, 32 Vet. App. 249 (2020) requires a VA examiner to address the veteran's lay statements to provide the Board with an adequate medical opinion.   

The matter is REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether it is at least as likely as not (50 percent or greater probability) that any diagnosed right ankle disability had onset in, or is otherwise related to, the Veteran's active service? In answering this question, the examiner should discuss the Veteran's numerous reports of injuries incurred while playing sports during active service, the Veteran's in-service documented right ankle sprain, and his reports of continued right ankle symptoms since separation.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Bush

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.