Citation Nr: 21002673 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 12-34 244 DATE: January 14, 2021 REMANDED Entitlement to service connection for a right hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the Air Force from May 1981 to September 1986, in the Coast Guard from November 1997 to April 1999, and in the Army from April 2006 to February 2008. This appeal comes before the Board of Veterans’ Appeals (Board) from an August 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In April 2015, the Veteran testified before a Veterans Law Judge (VLJ). A transcript of the hearing is associated with the record. This matter was previously adjudicated by the Board in August 2018. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a November 2019 order, the Court remanded the case to the Board for action consistent with the November 2019 Joint Motion for Remand (JMR). In June, 2020, the Board remanded this matter for development consistent with the JMR. The matter has returned for adjudication.   Entitlement to service connection for a right hip disability is remanded. The Veteran’s claim was remanded to the Board to comply with the Court’s November 2019 JMR. The Court noted the Board provided inadequate statement of reasons and bases as the Board concluded that there was no evidence that the Veteran had any right hip disability during the relevant time period and failed to address a 2012 imaging study which revealed acetabular rim sclerosis in both hips. Additionally, the Court noted the Board failed to adequately address whether the Veteran’s hip pain impaired her earning capacity and the June 2017 medical opinion the Board relied on did not address whether the Veteran’s left and right hip disabilities were aggravated by her service-connected lumbar spine disability. Following the November 2019 JMR, the Veteran was an afforded a VA examination in July 2020 to assess the nature and etiology of any right hip disabilities. A VA examiner opined the July 2020 exam did not yield any findings for a right hip condition and a diagnosis was not rendered. This finding, however, did not address the previously identified acetabular rim sclerosis. The Board takes notice that sclerotic lesions are an unusual hardening or thickening of the bone that are often asymptomatic. https://www.healthline.com/health/bone-tumors#benign-tumors. Accordingly, a clarifying opinion is required to ascertain whether the 2012 imaging study revealing acetabular rim sclerosis of the hip constitutes a diagnosed disability or results in any functional impairment; and, if so, rectify the finding of the July 2020 exam that the Veteran does not have a current right hip disability. Accordingly, the case is REMANDED for the following action: 1. Obtain an addendum VA examination opinion regarding the Veteran’s claimed right hip disability. If the examiner determines that an examination is necessary, the AOJ should schedule one for the Veteran. (a.) The examiner should identify/diagnose any disability of the right hips that presently exists or that has existed during the appeal period. If the Veteran is diagnosed with only arthralgia/pain, the examiner must determine whether such results in any functional impairment. The examiner must specifically clarify whether the 2012 imaging study revealing acetabular rim sclerosis of the right hip constitutes a diagnosed disability or results in any functional impairment. (b.) If right hip disability or functional impairment is established, the examiner must opine whether it is at least as likely as not that it had its: i. initial onset in service or is otherwise etiologically related to the Veteran’s active service. ii. was proximately due to the Veteran’s service-connected disabilities, to include low back and left hip disabilities. Any changes in gait should be considered and addressed. iii. underwent any incremental increase in disability, regardless of its permanence, due to the Veteran’s service-connected disabilities, to include low back and left hip disabilities. Any changes in gait should be considered and addressed. The term “incremental increase in disability” means additional impairment of earning capacity. Objective measurement, or numerical quantification, is not required to ascertain an increase in disability. Moreover, any “incremental increase in disability” need not be permanent. If the examiner is unable to provide the requested opinions without resorting to speculation, the examiner must provide an explanation for the basis of that determination. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.N. Bush, Associate Counsel 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.