Citation Nr: 18156573 Decision Date: 12/10/18 Archive Date: 12/10/18 DOCKET NO. 15-30 587 DATE: December 10, 2018 ORDER Entitlement to service connection for osteoarthritis of the left hip is granted. FINDING OF FACT The Veteran’s osteoarthritis of the left hip is etiologically related to active service. CONCLUSION OF LAW Resolving reasonable doubt in the Veteran’s favor, the criteria for service connection for osteoarthritis of the left hip have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.309 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1990 to December 1994. In December 2018, the Veteran testified at a travel Board hearing before the undersigned. A transcript is of record. 1. Entitlement to service connection for osteoarthritis of the left hip The Veteran asserts entitlement to service connection for osteoarthritis of the left hip due to active service. See December 2018 Hearing Transcript. Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a link, or nexus, between the claimed in-service disease or injury and the present disability. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff’d per curiam, 78 F.3d 604 (Fed. Cir. 1996) (table); 38 C.F.R. § 3.303. For chronic diseases listed in 38 C.F.R. § 3.309(a), including arthritis, an alternative to the nexus requirement exists: A Veteran may demonstrate a relationship to service through a showing of continuity of symptomatology since service. 38 C.F.R. § 3.303. Under the continuity of symptoms provision, “symptoms, not treatment, are the essence of any evidence of continuity of symptom[s].” Savage v. Gober, 10 Vet. App. 488, 496 (1997). The Board finds that the evidence supports a finding of service connection for osteoarthritis of the left hip. First, the record demonstrates that the Veteran currently has osteoarthritis of the left hip. See December 2011 VA examination; April 2018 VA treatment record. Thus, the requirement for a present disability has been met. Shedden, supra. Second, the record supports a finding of an in-service incurrence. The Veteran contends that he was injured in service. The record supports his contention. September 1994 Medical Evaluation Board (MEB) findings reflect that Veteran was involved in a November 1993 motor vehicle accident and that the Veteran was complaining of bilateral hip pain. Thus, the second element of service connection is met. See id. With regard to nexus, the Board finds that the Veteran has persuasively demonstrated continuity of symptomatology since service. See Waters, supra. The Veteran has asserted that his left hip pain has continued since his documented in-service injury. In December 2018, the Veteran’s wife credibly testified that the Veteran has complained almost every day after his in-service accident about hip pain. Furthermore, private treatment records from August 1996 document left hip pain complaints and VA treatment records from April 2010 and April 2018 document hip osteoarthritis. The Board notes that a December 2011 VA examiner provided a negative nexus opinion, ultimately determining that the Veteran’s hip injury was age related. The examiner did not discuss the Veteran’s November 1993 motor vehicle accident. As it is unclear if the examiner considered the full record in reaching his conclusion, the examination insufficient as to the question of nexus. (Continued on the next page)   In light of the Veteran’s, and his wife’s, competent and credible statements as to continuity of symptomatology since service, as well as the private and VA treatment records documenting continuous symptoms, the Board finds that the evidence is, at a minimum, in equipoise regarding the question of whether the Veteran’s current left hip disability is related to service. 38 U.S.C. § 1131 (2012); 38 C.F.R. §§ 3.303, 3.309 (2017). The benefit of the doubt will be conferred in the Veteran’s favor and remand is not necessary. As all elements of service connection have been met, the service-connection claim for osteoarthritis of the left hip is granted. 38 U.S.C. § 5107(b) (2012); 38 C.F.R. § 3.102 (2017); see Gilbert, supra. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Gandhi, Associate Counsel