Citation Nr: 18150091 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 15-34 343 DATE: November 14, 2018 REMANDED 1. Entitlement to service connection for left hip disorder is remanded. 2. Entitlement to service connection for right hip disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1972 through November 1974. These matters come before the Board of Veteran’s Appeals (Board) on appeal from a July 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), denying service connection for left and right hip disorders. The Veteran presented testimony at a video hearing before the undersigned Veterans Law Judge in October 2016. A transcript of the hearing has been associated with the electronic claims file. The Board cannot make a fully-informed decision on the issue of service connection because the record requires additional development regarding the Veteran’s involvement in a helicopter accident and a medical opinion as to whether the Veteran’s present hip disorders are related to his active service. The Veteran contends that his left and right hip disorders had their onset as a result of a helicopter training mission in December 1973, while he was attached to Bravo Company, 2nd Batallion, 7th Cav, 1st Cav Division, Fort Hood, Texas (10/21/2016 Hearing Transcript, p. 12). During the training mission, the Veteran states he was a passenger in a CH-47 Chinook traveling from Fort Hood, Texas to Fort Polk, Louisianna. The “back rotor went out” and the helicopter crashed, killing two people (10/21/2016 Hearing Transcript, p. 2-3 and 7/9/2014 NOD, p. 3). The Veteran’s claims file does not appear to contain any information regarding this helocopter incident, including in his personnel file. A remand is necessary for further factual development, including but not limited to the AOJ’s attempting to locate any existing information regarding the described helicopter accident. The duty to assist includes providing a medical examination when necessary to make a decision on a claim. 38 C.F.R. §3.159(c)(4). In this case, the Veteran annotated “yes” indicating “swollen and painful joints” during his separation physical (7/7/2014 STR-Medical, p. 8), and has current documented complaints and diagnoses of pain in his right and left hips (11/1/2016 CAPRI, pgs.136-137, 181, 316, 331, 373, 427). He has provided testimony that he was injured during service (10/21/2016 Hearing Transcript, p. 2-3 and 7/9/2014 NOD, p. 3). The record does not contain an opinion with regard to etiology of either his left or right hip disorder. As there is insufficient medical evidence to decide the claim, the Board must remand the issue so that medical opinions addressing the etiology of the Veteran’s left and right hip disorders can be obtained. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. Attempt to locate and obtain any appropriate records and/or investigations to verify the Veteran's account of a helicopter accident between Fort Hood, Texas and Fort Polk, Louisianna in December 1973, as described by the Veteran in his hearing testimony and his written statement attached to his NOD. 2. Contact the Veteran and request a properly completed VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs, for all private medical care providers. Upon receipt of such releases, VA must take all appropriate steps to obtain the identified relevant records. 3. Ensure all current VA medical records are obtained. 4. Schedule the Veteran for a VA examination to determine the nature and etiology of his current left and right hip disorders. Review of the claims file and this remand should be noted in the examiner's report. The examiner should respond to the following regarding the Veteran’s left and right hip condition: a. Identify any current left and right hip disorders, injuries, or disabilities. b. If any left hip or right hip disorder, injury or disability is identified, the examiner must state whether it at least as likely as not (probability of 50 percent or more) that any current left or right hip disability is related to the Veteran’s active service. c. The examiner must provide a rationale for any opinion offered. He or she must consider lay reports from the Veteran along with pertinent medical evidence. The examiner must provide a reason if he or she rejects the lay reports, and the lay statements cannot be rejected due solely to a lack of medical documentation. Additionally, the examiner should reconcile any conflicting medical evidence of record to the extent possible. If the examiner cannot offer an opinion without resorting to speculation, the examiner should explain why, and explain whether the lack of certainty is due to the limitations of medical or scientific knowledge or insufficient evidence. If due to insufficient evidence, the examiner should state what additional evidence, would be required to offer an opinion. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P. A. Myers, Associate Counsel