Citation Nr: 21004893 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 15-33 189 DATE: January 28, 2021 REMANDED Entitlement to service connection for a bilateral elbow condition, including epicondylitis, is remanded. Entitlement to service connection for lumbar sprain is remanded. Entitlement to service connection for a bilateral hip condition is remanded. REASONS FOR REMAND The Veteran served on active duty from September 2007 to September 2011. He received the Marine Corps Good Conduct Medal; Combat Action Ribbon; Afghanistan Sea Service Deployment Ribbon; Afghanistan Campaign Medal; Iraq Campaign Medal; Global War on Terrorism Service Medal; National Defense Service Medal; Navy Unit Commendation; NATO Medal-ISAF Afghanistan; Certificate of Commendation; Rifle Expert Badge; and, Pistol Marksmanship Badge. In January 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. Service Connection for a Bilateral Elbow Condition The Veteran’s claim for service connection for a bilateral elbow condition was previously remanded for a nexus opinion. In October 2020, a VA clinician opined that it was less likely than not that the Veteran’s bilateral elbow pain was related to his active duty service. See October 2020 VA Examination, pp. 1-2. The clinician’s opinion is largely based on an absence of service treatment records demonstrating elbow pain. However, the clinician’s opinion does not consider the Veteran’s contentions that he experienced elbow pain during service. See October 2020 VA Examination, p. 4; January 2019 Hearing Transcript, p. 11. The Board finds that a new opinion is needed that adequately considers the Veteran’s reports of in-service pain and provides a reason for rejecting any of the Veteran’s reports. See Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007). Service Connection for Lumbar Strain Similarly, the VA clinician offered a negative nexus opinion for the Veteran’s lumbar strain based on the absence of service treatment records demonstrating back pain. See October 2020 VA Examination, pp. 1-2. However, the clinician does not consider the Veteran’s reports that he experienced back pain during service. See October 2020 VA Examination, p. 2; January 2019 Hearing Transcript, p. 19. On remand, the Agency of Original Jurisdiction should obtain a new opinion that considers the Veteran’s reports of in-service pain and provides a reason for rejecting any of the Veteran’s reports of pain during service. See Stefl, 21 Vet. App. at 124. Service Connection for a Bilateral Hip Condition The October 2020 nexus opinion for the Veteran’s bilateral hip condition suffers from similar deficiencies. The clinician based the negative opinion largely on the absence of service treatment records demonstrating bilateral hip pain and did not consider the Veteran’s reports of in-service pain. See October 2020 VA Examination, pp. 1-2; October 2020 VA Examination, p. 4; January 2019 Hearing Transcript, p. 27. The claim is remanded for a new opinion that considers the Veteran’s reports of in-service pain. See Stefl, 21 Vet. App. at 124. The matters are REMANDED for the following action: 1. Obtain a VA opinion on the nature and etiology of the Veteran’s bilateral elbow condition. If deemed necessary by the examiner, schedule the Veteran for an examination. Any indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished. The entire claims file, to include a complete copy of this REMAND, should be made available to the examiner designated to provide an opinion, and the examination report should include a discussion of the Veteran’s documented medical history and assertions. The examiner should offer comments, an opinion and a supporting rationale that addresses whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s bilateral elbow condition was incurred in, aggravated by, or is otherwise etiologically related to the Veteran’s active duty service. In providing this opinion, the examiner must consider the Veteran’s reports of experiencing elbow pain during his active duty service. See October 2020 VA Examination, p. 4; January 2019 Hearing Transcript, p. 11. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be considered. If the examiner rejects the Veteran’s reports, the examiner must provide a reason for doing so. 2. Obtain a VA opinion on the nature and etiology of the Veteran’s lumbar strain. If deemed necessary by the examiner, schedule the Veteran for an examination. Any indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished. The entire claims file, to include a complete copy of this REMAND, should be made available to the examiner designated to provide an opinion, and the examination report should include a discussion of the Veteran’s documented medical history and assertions. The examiner should offer comments, an opinion and a supporting rationale that addresses whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s lumbar strain was incurred in, aggravated by, or is otherwise etiologically related to the Veteran’s active duty service. In providing this opinion, the examiner must consider the Veteran’s reports of experiencing back pain during his active duty service. See October 2020 VA Examination, p. 2; January 2019 Hearing Transcript, p. 19. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be considered. If the examiner rejects the Veteran’s reports, the examiner must provide a reason for doing so. 3. Obtain a VA opinion on the nature and etiology of the Veteran’s bilateral hip condition. If deemed necessary by the examiner, schedule the Veteran for an examination. Any indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished. The entire claims file, to include a complete copy of this REMAND, should be made available to the examiner designated to provide an opinion, and the examination report should include a discussion of the Veteran’s documented medical history and assertions. The examiner should offer comments, an opinion and a supporting rationale that addresses whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s bilateral hip condition was incurred in, aggravated by, or is otherwise etiologically related to the Veteran’s active duty service. In providing this opinion, the examiner must consider the Veteran’s reports of experiencing bilateral hip pain during his active duty service. See October 2020 VA Examination, p. 4; January 2019 Hearing Transcript, p. 27. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be considered. If the examiner rejects the Veteran’s reports, the examiner must provide a reason for doing so. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W.V. Walker, 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.