Citation Nr: 18155424 Decision Date: 12/04/18 Archive Date: 12/04/18 DOCKET NO. 16-03 199 DATE: December 4, 2018 ORDER Entitlement to service connection for a right hip disability secondary to service-connected disabilities is granted. FINDING OF FACT The Veteran’s right hip disability was proximately caused by his service-connected left hip and foot disabilities. CONCLUSION OF LAW The criteria for entitlement to service connection for a right hip disability secondary to service-connected left hip and foot disabilities have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1963 to November 1965. This matter comes before the Board of Veterans’ Appeals (Board) from a June 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing with the undersigned in September 2018. A transcript of that hearing has been added to the Veteran’s file. Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called “nexus” requirement. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran asserts that his service connected left hip iliotibial band tendonitis with greater femoral trochanter bursitis associated with left foot metatarsalgia and right foot plantar fasciitis with metatarsalgia have caused his right hip disability. The Veteran submitted a private opinion in June 2013. This private physician opined that the Veteran’s right hip disability is a direct result of his antalgic gait from his feet injuries and left hip injury, which resulted in the Veteran shifting his weight to his right hip. The Veteran then submitted to a VA examination in May 2014. At this examination, the examiner diagnosed the Veteran with osteoarthritis of the right hip. The examiner opined the Veteran’s right hip disability was less likely than not related to his service-connected left hip disability and right foot disability. This opinion was based on the lack of orthopedic literature that would connect osteoarthritis to the Veteran’s left hip disability. A rationale was not provided in regard to the relationship between the Veteran’s service-connected right foot disability and right hip disability. In July 2014, the Veteran submitted medical literature on the relationship between hip problems and plantar fasciitis with metatarsalgia. Literature from FootCareMD, the New York Times, and plantar-faciitis.org reported that plantar fasciitis can lead to the development of hip problems. Another VA medical opinion was provided in February 2016 as the first opinion failed to address the possible relationship between the Veteran’s right foot disability and right hip disability. In this opinion, the examiner disagreed with the first examiner’s diagnosis of osteoarthritis and stated the x-rays did not confirm osteoarthritis of the hips. The examiner nonetheless opined that there is no medical evidence that links osteoarthritis to metatarsalgia. The Veteran provided another private medical statement in February 2016. The private physician in this examination diagnosed the Veteran with bilateral hip trochanteric bursitis, which the Veteran was service connected for in regard to his left hip. The physician stated that the Veteran’s right hip pain was related to his service-connected feet and left hip disabilities because the Veteran shifted his weight to his right hip. The same private physician provided an opinion in June 2017. The physician opined that the Veteran’s right hip disability was causally related back to his original service-connected left foot injury, which resulted in his service-connected left hip trochanteric bursitis and right foot plantar fasciitis because the Veteran had to shift his weight due to these injuries. The Veteran’s denial was continued as the private physician did not base his opinion on a review of the Veteran’s service and medical treatment records. The same private physician submitted a third opinion in August 2018. In this opinion, the physician reported that he had reviewed the Veteran’s service and medical treatment records and his June 2017 opinion had not been changed as a result of this review. He continued to opine that the shift in weight to the right hip was due to the right foot, left foot, and left hip disabilities and had caused the Veteran’s right hip disability. The Board finds the private treatment records are more probative than the VA opinions. The VA examiners disagreed with the diagnosis of osteoarthritis for the Veteran’s hip disability, with the second examiner opining that the Veteran did not have osteoarthritis. The private physician also did not diagnose the Veteran with osteoarthritis, but with trochanteric bursitis which is the same disability as the Veteran’s service-connected left hip disability. As the Veteran does not have osteoarthritis, the negative VA opinions are given no probative value as they provide an opinion for a disability that the Veteran does not have. The Veteran’s private physician continued to opine in three separate opinions that the Veteran’s right hip trochanteric bursitis was due to the Veteran shifting his weight from his service-connected left hip disability, left foot disability, and right foot disability to his right hip. Given the above, service connection for a right hip disability caused by the Veteran’s service-connected left hip and right foot disabilities is granted. Gilbert v. Derwinski, 1 Vet. App. 49 at 53-56. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Megan Shuster, Law Clerk