Citation Nr: 21003597 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 16-47 584 DATE: January 22, 2021 REMANDED The appeal as to the claim of entitlement to service connection for a right hip disorder is remanded. REASONS FOR REMAND The Veteran had active service in United States Marine Corps from October 1991 to October 1992. He had subsequent service in the United States Army National Guard from July 30, 2004 to July 21, 2011. His service was under honorable conditions. The matter is on appeal from a May 2013 rating decision. Entitlement to service connection for a right hip disorder. The Veteran contends that he injured his right hip during service in 2006, when he was on a warrior motivational run at Fort Jackson Medical Center, South Carolina. Specifically, he reported that he stepped into a pothole and dislocated his right hip. In his September 2016 substantive appeal, the Veteran reported that he has experienced pain and received treatment, since the in-service injury. Service personnel records confirm that the Veteran had active duty for training (ACDTRA) during the period of January 7, 2006, through January 16, 2006. Service treatment records include a March 2004 Army National Guard enlistment examination, which is negative for complaints of, treatment for, or a diagnosis of a right hip disorder. A January 12, 2006 record shows the Veteran sought treatment for right hip pain. At the time, he reported that his hip popped out of place while running; x-rays of the hip were negative for fracture. The examiner released the Veteran with limitations, to include, no running, jumping, marching, sit-ups, or push-ups. A June 17, 2008 record notes the Veteran’s report of a history of right hip pain. An October 16, 2010 record notes the Veteran’s report of right hip pain. A November 2010 record demonstrates the Veteran was placed on physical profile due to several health issues, to include his right hip. Post-service treatment records include the report of an April 2013 VA examination, during which the Veteran reported that he felt his right hip “pop out” during service while running at Fort Jackson. He further reported that he experienced chronic right hip pain since the initial injury. An x-ray was not performed. Upon examination and review of the record, the examiner diagnosed chronic right hip pain, “? djd.” The examiner noted that the Veteran was currently seeking treatment from a private physician, however, he explained that those records were not available for review. The Board finds the April 2013 VA examination inadequate to adjudicate the claim. Specifically, clarification is necessary to determine whether the Veteran has a current right hip disorder, and if so, the etiology of the disorder. The Board stresses that current symptomatology resulting in functional impairment is in and of itself a disability for VA purposes. Accordingly, another medical examination and opinion are necessary to make a determination in this case. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). The matter is REMANDED for the following actions: 1. Undertake appropriate development to obtain any outstanding records pertinent to the Veteran's claim, to include VA outpatient treatment records from June 2020, to the present, and any private treatment records identified by the Veteran. If any requested records are unavailable, or the search for such records otherwise yields negative results, that fact should clearly be documented in the record and the Veteran so notified in accordance with 38 C.F.R. § 3.159(e). All steps taken to attempt to obtain the above records should clearly be documented in the record. 2. Schedule the Veteran for an appropriate VA examination to determine the etiology of any right hip disability present during the period on appeal. The examiner must review the record, to include service treatment records, VA and private treatment records, VA examination reports, and the Veteran’s statements. The examiner must also consider the Veteran's documented medical history, assertions, and reported symptoms. All indicated studies should be completed, and all clinical findings reported in detail. The examiner must provide an opinion as to whether it is at least as likely as not (i.e., at least 50 percent probable) that any identified right hip disorder(s), manifested during, or as a result of, active military service. In providing the opinion, the examiner must discuss the Veteran’s lay statements regarding his right hip injury while serving at Fort Jackson in 2006, whereas a January 2006 service treatment records shows he sought treatment for his hip, and he reported continuous pain since the initial in-service injury. The examiner must also discuss the April 2013 VA examination report. For purposes of the opinions, the examiner should assume that the Veteran is a credible historian. A complete rationale for all opinions offered must be provided. If the examiner is unable to provide any required opinion, the examiner should fully explain why this is the case. Likewise, if the examiner cannot provide an opinion without resorting to mere speculation, the examiner 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. 2. The AOJ should ensure that the Veteran is provided with adequate notice of the date and place of all scheduled examinations. A copy of all notifications, including the address where the notice was sent, must be associated with the record if the Veteran fails to report for any examination. The Veteran is to be advised that failure to report for a scheduled VA examination without good cause may have adverse effects on his claim. (CONTINUED ON NEXT PAGE) 4. Then, the AOJ should readjudicate the issue on appeal. If the benefits sought on appeal are not granted to the Veteran’s satisfaction, he and his representative should be provided a supplemental statement of the case and an appropriate period for response before the case is returned to the Board for further appellate action. B. MULLINS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sara Schinnerer, 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.