Citation Nr: 18147494
Decision Date: 11/06/18	Archive Date: 11/05/18

DOCKET NO. 18-00 061A
DATE:	November 6, 2018
REMANDED
Entitlement to service connection for a right hip disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from October 1994 to October 2000 and from November 2001 to July 2002.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office.
1. Entitlement to service connection for a right hip disability is remanded.
Service treatment records indicate that in March 2002, the Veteran was treated for back and hip pain following a motor vehicle accident.  Post service x-ray and MRI results indicate an abnormal right hip and nerve impingement.  The Veteran was treated by a private chiropractor, Dr. J.S.J. during and post service who opined in a September 2016 correspondence that the Veteran’s current symptoms were an exacerbation of previous injuries sustained during service.  However, Dr. J.S.J. did not provide any rationale for her opinion and did not indicate that she reviewed the Veteran’s service medical records.  Therefore, the Board finds that the opinion is inadequate for adjudication purposes.
The Veteran was afforded a VA examination in November 2016 where the examiner opined that it was less likely than not that the Veteran’s right hip disability was proximately due to or the result of a service-connected disability.  However, under the section for a rationale, she wrote “noted that both back and hip conditions were secondary to MVA.”  The examiner provides a negative opinion regarding secondary service connection but appears to reason that the Veteran’s hip disabilities may be directly related to service.  The examiner also did not provide an opinion regarding direct service connection.  Therefore, the Board finds the opinion inadequate for adjudication purposes.  Therefore, the Board further finds that a remand is necessary to obtain an addendum opinion which considers all relevant theories of entitlement supported by adequate rationale.  
The matter is REMANDED for the following action:
1. Obtain an addendum opinion from the November 2016 VA examiner (or an appropriate professional).  The need for a new examination is left to the discretion of the examiner offering the addendum opinion. The electronic claims file and a copy of this remand must be made available to the reviewing examiner, and the examiner shall indicate in the addendum report that the claims file was reviewed. After the record review, the VA examiner should offer his/her opinion with supporting rationale as to the following:
Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s right hip disability is related to service. 
If not, whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s right hip disability was caused or aggravated by her service-connected back disability.
If aggravation is found, provide the baseline manifestations and the increased manifestation due to the service-connected back disability.
The Board is returning the matter for an addendum opinion because it found the November 2016 inadequate.  The examiner did not address direct service connection for the Veteran’s right hip disability and also provided an incomplete opinion regarding secondary service connection.
A complete rationale for all opinions reached is requested.  
The examiner is requested to specifically address the following:
(a) Service treatment records which indicate that in March 2002, the Veteran was treated for back and right hip pain following a motor vehicle accident;
(b) treatment at Nelson & Nelson Chiropractic for right hip pain during and post service; 
(c) post service x-ray and MRI results which indicate abnormal right hip and nerve impingement; and
(d) the November 2016 VA opinion which states, “Noted that both back and hip conditions were secondary to MVA.”
2. Readjudicate the issue on appeal.  If the benefits sought on appeal are not granted in full, furnish to the appellant and her representative an appropriate supplemental statement of the case that includes clear reasons and bases for all determinations.  The appellant should be afforded the appropriate time period to respond.
 
Michael Pappas
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. Baskerville, Counsel