Citation Nr: 18150383 Decision Date: 11/15/18 Archive Date: 11/15/18 DOCKET NO. 15-38 550 DATE: November 15, 2018 REMANDED Entitlement to service connection for bilateral hip disability is remanded. REASONS FOR REMAND The Veteran testified at a hearing before a Decision Review Officer (DRO) in November 2016, and before the undersigned Veterans Law Judge (VLJ) in an October 2018 Travel Board hearing. The record indicates a current bilateral hip disability. The Veteran underwent right total hip arthoplasty in 2010 and left total hip arthoplasty in 2011. VA medical treatment records, as recently dated as February 2018, show that the Veteran continues to suffer from bilateral hip pain and has been diagnosed with bursitis. During the DRO hearing, he testified that he did not have a bilateral hip disability prior to service or experience any symptoms related to such a disability. He testified that his military occupational specialties were as a security police and an air policeman. He described his duties as working 8-hour shifts, walking at least 6 miles a night, while carrying ammo belts, weapons M16, and 38 combat master pieces. He also described performing riot control training where he had to break up the crowds and perform what is called “stomp and drag”—a form of intimidation that is physically demanding. He discussed being injured in 1970 or 1971, during hand to hand combat training where he was roughly flipped and landed on his back. He was told he had severely sprained muscles in his back, given muscle relaxers and placed on light duty for a week. Lastly, he clearly testified that the onset of his bilateral hip pain was in service. The Veteran has not been afforded a VA examination regarding his claim. In addition, during the Board hearing, a new theory of entitlement has been raised by the record. He is service-connected for a low back disability and this disability may have caused or aggravated his bilateral hip disability. Therefore, an examination and opinion is required to determine the nature and etiology of the bilateral hip disability. Additionally, on remand attempts should be made to secure any outstanding records, including private treatment records. During the DRO hearing, the Veteran testified that he was treated by Dr. Byrd and a review of the file shows that these records have not yet been obtained. The matter is REMANDED for the following action: 1. Obtain and associate with the Veteran’s claims file any outstanding VA treatment records documenting treatment for a bilateral hip disability. The Veteran should also be afforded the opportunity to identify and/ or submit any outstanding private evidence pertinent to his claim—to include treatment records from Dr. Byrd. 2. Schedule an appropriate VA examination to determine the nature and etiology of the Veteran’s bilateral hip disability. Following review of the claims file and examination of the Veteran, the examiner should provide opinions that respond to the following: Whether it is at least as likely as not (i.e., probability of 50 percent) that the bilateral hip disability manifested during active service; or is otherwise related to an event, injury, or disease incurred during active service, to include the wear and tear involved with walking 6 miles a day and performing riot control drills, and an in-service fall where the Veteran was thrown to the ground and injured his back. Offer an opinion as to whether it is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran’s bilateral hip disability is proximately due to or caused by the Veteran’s service-connected disabilities, to include his service-connected lumbosacral strain with degenerative disc disease (“low back disability”). Offer an opinion as to whether it is at least as likely as not (i.e., 50 percent probability or greater) that the Veteran’s bilateral hip disability, was aggravated (worsened in severity beyond a natural progression) by his service-connected disabilities, to include his service-connected low back disability. The examiner is asked to provide a complete a rationale for all opinions offered. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Talamantes, Associate Counsel