Citation Nr: 0809828 Decision Date: 03/25/08 Archive Date: 04/09/08 DOCKET NO. 05-28 303 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1. Entitlement to service connection for arthritis of the right hip. 2. Entitlement to service connection for arthritis of the left hip. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD L. Cramp, Counsel INTRODUCTION The veteran served on active duty from April 1960 to November 1968. This case comes to the Board of Veterans' Appeals (Board) on appeal of a November 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona. In January 2008, the veteran testified at a hearing at the RO before the undersigned Veterans Law Judge. A transcript of the hearing is of record. REMAND The veteran contends, in essence, that service connection is warranted for arthritis in his hips because it is etiologically related to his active service or his service- connected gout and degenerative joint disease. The record reflects that the veteran was evaluated for multiple joint complaints in service. He has been granted service connection for degenerative arthritis of the left ankle and for gout with polyarthralgia. He has also been diagnosed with degenerative joint disease of both hips. The record also contains an April 2006 statement from a VA physician expressing his opinion that the arthritis in the veteran's left ankle is probably related to gout. Although the veteran was afforded a VA examination in response to these claims and the examiner diagnosed degenerative joint disease of multiple joints, no VA medical opinion addressing the etiology of the arthritis in the veteran's hips has been obtained. In the Board's opinion, such an opinion is necessary in view of the veteran's history of multiple joint symptoms in service and his currently service-connected disabilities. Accordingly, this case is REMANDED to the RO or the Appeals Management Center (AMC), in Washington, D.C., for the following actions: 1. The RO or the AMC should obtain a copy of any pertinent VA medical records for the period since April 2004. The RO or the AMC should also undertake appropriate development to obtain any pertinent evidence identified but not provided by the appellant. If it is unsuccessful in obtaining any pertinent evidence identified by the appellant, it should so inform the appellant and his representative and request them to provide the outstanding evidence. 2. Then, the appellant should be afforded a VA examination by a physician with appropriate expertise to determine the nature and etiology of any currently present arthritis in either hip. The claims folders must be made available to and reviewed by the examiner. Any indicated studies should be performed. Based upon the review of the claims folders and the examination results, the examiner should provide an opinion with respect to each currently present hip disorder as to whether there is a 50 percent or better probability that the disorder is etiologically related to the veteran's active service or his service- connected degenerative joint disease of the left ankle and gout with polyarthralgia. The rationale for all opinions expressed must also be provided. 3. The RO or the AMC should also undertake any other development it determines to be warranted. 4. Then, the RO or the AMC should readjudicate the appellant's claims based on a de novo review of the record. If the benefits sought on appeal are not granted to the appellant's satisfaction, a supplemental statement of the case should be issued, and the appellant and his representative should be afforded the requisite opportunity to respond before the claims folders are returned to the Board for further appellate action. By this remand the Board intimates no opinion as to any final outcome warranted. No action is required of the appellant until he is otherwise notified but he has the right to submit additional evidence and argument on the matter the Board has remanded. See Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ Shane A. Durkin Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).