Citation Nr: 18119092
Decision Date: 07/18/18	Archive Date: 07/17/18

DOCKET NO. 18-25 171
DATE:	July 18, 2018

REFERRED
On the May 2018 VA Form 9, the Veteran, through his attorney raised the issue of entitlement to a total disability rating due to individual unemployability. This claim has not been adjudicated by the VA Regional Office (RO) and so is referred to the RO for appropriate action.
REMANDED
Entitlement to service connection for a low back disorder is remanded.
Entitlement to service connection for a left hip disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1960 to June 1967 and from November 1985 to July 1987 with intervening and subsequent service in the Air National Guard from which he separated in October 1996.  He has claimed entitlement to service connection for low back and left hip disabilities associated with the wear and tear on his back when flying jets in service, including an injury during active duty in 1963.  A VA examiner opined in March 2018 that these disabilities were more likely due to aging and a fall off a roof in 1998 that resulted in a left hip fracture.  The examiner noted additional history of a right hip fracture.   However, as stated by the Veteran and his attorney in May 2018, the medical evidence of record reflects a history of a right hip fracture in 1998 with a subsequent total hip replacement on the left in 2010.  Thus, the examiner’s opinion is based on an incorrect understanding of the Veteran’s medical history, and another opinion is needed.
The matters are REMANDED for the following action:
1.  Undertake appropriate development to obtain any outstanding records pertinent to the Veteran’s claims.
2.  Then, an opinion should be obtained from a physician with sufficient expertise to determine the nature and etiology of any back and left hip disorder present during the period of the claims. All pertinent evidence of record must be made available to and reviewed by the examiner.
Based on the review of the record, the examiner should state a medical opinion with respect to any back disorder or left hip disorder present during the period of the claim as to whether it is at least as likely as not (i.e., whether there is a 50 percent or better probability) that the disorder originated during active service or is otherwise etiologically related to active service, to include to any in-service injury and any other activities described in medical evidence and the Veteran’s written statements, including his May 2018 affidavit and July 2016 notice of disagreement.
If the examiner finds that the left hip disorder is related to military service, but the back disorder is not, the examiner should also provide an opinion as to whether it is at least as likely as not (i.e., whether there is a 50 percent or better probability) that the Veteran’s back disorder is caused or aggravated beyond normal progression by a service-connected disability?
For purposes of the opinions, the examiner should assume that the Veteran is a reliable historian.  The examiner must not ignore the Veteran’s competent reports of the claimed in-service injury or of symptoms experienced during active service and since. 
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The rationale for each opinion expressed must also be provided. If the examiner is unable to provide any required opinion, he or she should explain why.  If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so.  If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed.
 
K. J. Alibrando
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. M. Schaefer, Counsel