BVA Case 24-3854: Back

February 2024 Board Decision In the February 2024 decision on appeal, the Board denied service connection for a right ankle condition.

The Board noted that the veteran received treatment for a February 1988 in-service ankle injury,and though the clinician's handwriting on the record was unclear,the heading at the top of the record noted a left foot problem.

The Board found the veteran's service treatment records (STRs)noted no complaints of or treatment for a right ankle disorder, even though the records noted treatment for bilateral foot and left ankle problems,and other conditions.

The Board found that in his hearing testimony the veteran addressed only current right ankle stiffness,and though the veteran's representative claimed the veteran had received treatment for a right ankle disorder in service, the veteran did not provide testimony recounting such an incident.

And the Board found no evidence that the veteran had been diagnosed with a chronic right ankle disorder in service or a current right ankle disorder,so service connection was not warranted under 38 C.

The Board found a VA examination unwarranted because the appellant had not reported an in-service event or symptoms of a chronic disorder he experienced continually since service,and the veteran's representative's 2 Case:24-3854 Page: 3 of 8 Filed:09/23/2025 statement that the veteran was treated for an in-service right ankle injury was insufficient to trigger an examination.

Colon argues that the RO failed to obtain relevant private treatment records, and the Board clearly erred in finding the duty to assist satisfied,or the Board provided inadequate reasons or bases for finding the duty to assist satisfied.

Colon argues that the Board failed to provide adequate reasons or bases for finding that a VA examination was not required to satisfy the duty to assist.