Citation Nr: 20003595
Decision Date: 01/15/20	Archive Date: 01/15/20

DOCKET NO. 14-24 208
DATE: January 15, 2020

REMANDED

Entitlement to service connection for bilateral hip disability, to include as secondary to service-connected low back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1977 to Apri 1986.

The appeal was most recently before the Board in March 2018 when it was remanded for further development.  In a May 2019 rating decision, service connection for bilateral pes planus, which had been remanded in March 2018, and right and left ankle disabilities was granted.  In a November 2019 rating decision, service connection for right and left knee disabilities, which had also been remanded in March 2018, was granted.  Accordingly, those issues are no longer on appeal.

Entitlement to service connection for bilateral hip disability, to include as secondary to service-connected low back disability is remanded.

Unfortunately, there has not been substantial compliance with the Board’s previous remand directives regarding the bilateral hip disability.  In accordance with the March 2018 remand the Veteran was provided a VA examination in May 2019.  The examiner offered negative nexus opinions for the Veteran’s bilateral hip disability as both due to service and as secondary to his service-connected low back disability, but did not provide a rationale for his opinion.  Accordingly, another remand is required.  Stegall v. West, 11 Vet. App. 268 (1998).

Given the recent grant of service connection for the bilateral pes planus and bilateral ankle disabilities, the opinion on remand should address whether the hip disabilities are caused or aggravated by those conditions. 

The matters are REMANDED for the following action:

1. Obtain the names and addresses of all medical care providers who treated the Veteran for hip complaints since service not already associated with the record.  After securing the necessary release, take all appropriate action to obtain these records, including any VA treatment records since October 2019.

2. After the completion of the above, obtain an addendum opinion (with examination if deemed necessary by the provider) from the VA examiner who provided the May 2019 VA examination opinion, (or from another appropriate provider if the May 2019 examiner is unavailable).  The record, including this remand, must be made available to the examiner for review.  Based on the review of the record, the examiner should provide an opinion to the following:

(a.) Is the Veteran’s diagnosed bilateral hip disability at least as likely as not related to his active duty service, to include his documented fall from a ladder?

(b.) If the answer to (a.) is no, is it at least as likely as not that the Veteran’s bilateral hip disability is caused or aggravated (defined as any increase in disability) by the Veteran’s service-connected low back, bilateral pes planus or bilateral ankle disabilities?

The examiner must explain the rationale for all opinions in detail, citing to supporting clinical data and/or medical literature, as appropriate.  If an opinion cannot be provided, the examiner should indicate why.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Eric Struening

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.