Citation Nr: 21002812 Decision Date: 01/15/21 Archive Date: 01/15/21 DOCKET NO. 07-17 811 DATE: January 15, 2021 ORDER Entitlement to service connection for a back disability is granted. Entitlement to service connection for a right hip disability is granted. Entitlement to service connection for a left hip disability is granted. FINDING OF FACT The Veteran’s back, left hip, and right hip disabilities are etiologically related to his active service. CONCLUSIONS OF LAW 1. The criteria for service connection for a back disability have been met. 38 U.S.C. §§ 1110, 1112, 1137 (2018); 38 C.F.R. §§ 3.303, 3.307, 3.309 (2019). 2. The criteria for service connection for a left hip disability have been met. 38 U.S.C. §§ 1110, 1112, 1137 (2018); 38 C.F.R. §§ 3.303, 3.307, 3.309 (2019). 3. The criteria for service connection for a right hip disability have been met. 38 U.S.C. §§ 1110, 1112, 1137 (2018); 38 C.F.R. §§ 3.303, 3.307, 3.309 (2019). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran had active military service from December 1972 to September 1975. These matters come before the Board of Veterans’ Appeals (Board) on appeal from October 2004 and June 2005 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). In connection with this appeal, the Veteran testified at a hearing before a member of the Board in August 2009. By way of history, the Board previously remanded the Veteran’s claims of entitlement to service connection for back, right hip, and left hip disabilities for additional development in January 2010. In November 2012, the Board denied entitlement to service connection for the Veteran’s claims. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court), which, in April 2014, granted the parties’ Joint Motion to vacate and remand the November 2012 Board decision. Subsequently, the Board remanded the claims for additional development in September 2015. In a May 2017 decision, the Board again denied entitlement to service connection for the Veteran’s claims. Following a second appeal, the Court granted, in October 2017, the parties’ Joint Motion for partial remand of the May 2017 Board decision. In June 2018, the Board remanded the Veteran’s claims for additional development. The matters have since been returned to the Board for appellate review. The Veteran has contended that his back, left hip, and right hip disabilities are related to his active service. Specifically, he asserted that he injured his back and left hip during physical training. He stated that he fell on his back while playing basketball or football in or around April 1975. He recalled that he hit his left hip during a basketball or football game in or around October 1973. He testified that he was diagnosed with muscle strain and provided pain medication and/or muscle relaxers. He explained that he continued to take pain medication and muscle relaxers since injuring his back and left hip during service. Alternatively, he reported that his right hip disability was secondary to his left hip and/or back disabilities. Service treatment records (STRs) documented that the Veteran was diagnosed with muscle strain in August 1973, September 1973, April 1975, and October 1975. Notations included spasm and tenderness of the lumbar paraspinal muscles, pain on bending to the right, left lower quadrant pain and tenderness, back trouble, and sharp left side pain. Additionally, the Veteran indicated that he suffered from swollen or painful joints at his August 1972 pre-induction and August 1975 separation examinations. Because the August 1972 pre-induction examination lacked any evidence of a back, left hip, or right hip condition, the Veteran is presumed sound at entry as to those disabilities. Regardless, the Veteran has reported that he first experienced symptoms associated with back, left hip, and right hip disabilities while he was in active service and that those symptoms have continued since that time. Heuer v. Brown, 7 Vet. App. 379 (1995); Falzone v. Brown, 8 Vet. App. 398 (1995); Caldwell v. Derwinski, 1 Vet. App. 466 (1991). Moreover, the Board finds the Veteran to be credible in that respect. A review of post-service private medical records reflected that the Veteran complained of back and left hip pain in as early as June 1998 and April 2000, respectively. X-ray findings revealed degenerative changes of the back and left and right hips. Although there are VA medical opinions against the claims, a September 2020 VA examiner opined that it was at least as likely as not that the Veteran’s back, left hip, and right hip disabilities had their onset during service. The examiner explained that the Veteran’s lay statements, in-service complaints, and STR notations of swollen and painful joints and muscle strains, represented the onset of a degenerative process. Additionally, a June 2005 statement submitted by the Veteran’s private medical provider is supportive of his claims. Moreover, the Board notes that for certain chronic diseases, such as arthritis, continuity of symptoms is required when the condition noted in service is not shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. 38 C.F.R. §§ 3.303(b), 3.309(a); Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). While the Veteran is not competent to establish a diagnosis of arthritis, as that requires medical imaging and opinion, his statements of continuity of a back and left and right hip pain are sufficient to establish a link between his current diagnosis of degenerative arthritis and his in-service back and left and right hip pain. Moreover, his statements have been found credible. In sum, the Veteran has competently and credibly reported that his back and left and right hip pain began during, and have continued since his active service. While there are VA medical opinions of record against the claims, the September 2020 VA medical opinions and June 2005 private medical statement weigh in favor of the Veteran’s claims. Further, the Veteran has currently present back and left and right hip disabilities, to include arthritis. The Board notes that the September 2020 VA examination reports were not addressed in the October 2020 supplemental statement of the case. However, the Board finds this to be harmless error in light of the grants of entitlement to service connection herein. Accordingly, the Board finds that the evidence for and against the claims is at least in equipoise. Therefore, reasonable doubt must be resolved in favor of the Veteran and entitlement to service connection for a back, left hip, and right hip disability is warranted. 38 U.S.C. § 5107 (2018); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Ware, 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.