Citation Nr: 21061744 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 03-17 292 DATE: October 5, 2021 REMANDED Entitlement to service connection for bilateral hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from June 1974 to June 1978. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2000 rating decision issued by the Department of Veterans' Affairs (VA) Regional Office (RO). The Veteran testified at a video conference hearing before a Veteran Law Judge (VLJ) in October 2017. A transcript of the hearing is associated with the claims file. Unfortunately, the VLJ who held the hearing is no longer at the Boardz, and the Veteran was notified in July 2021. The Veteran did not opt for another hearing. This matter has previously been before the Board. The most recent Board decision was issued in March 2020 which remanded the Veteran's claims for service connection for bilateral hip disability, bilateral ankle disability, and left knee disability. On remand, the RO granted service connection for the Veteran's bilateral ankle disability and left knee disability. Therefore, the only issue currently before the Board is entitlement to service connection for bilateral hip disability. Unfortunately, the Board finds a remand is necessary for further development. The Board finds that the RO has not substantially complied with the March 2020 Board remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). The March 2020 Board remand directed the RO to schedule the Veteran for a VA examination for her bilateral hip disability. The Board notes this was completed, and the VA examination obtained in connected with this Board directive is adequate. Next, the Board directed the RO to obtain a VA medical opinion. Here, the Board requested opinions on whether it is at least as likely as not that the Veteran's bilateral hip disability is related to an in-service injury, event, or disease, including her December 1975 complaints of leg pain and her January 1977 fall down a set of stairs. The Board also directed an opinion be obtained on whether it is at least as likely as not that the Veteran's bilateral hip disability was proximately due to or caused by any service-connected disability or aggravated by any service-connected disability. The medical examiner was to provide separate opinions for causation and aggravation. See March 2020 Board Decision. In the July 2020 VA medical opinions, the examiner opined that the Veteran's condition was less likely than not incurred in or caused by her military service. The Board notes that the examiner failed to address the December 1975 and January 1977 service treatment records. The Board notes the examiner referenced these service treatment records (STRs), but in providing the rationale, the examiner merely stated that it could not be determined whether a hip condition occurred while in service or within one year from separation as the STRs do not specifically note a hip injury. See July 2020 VA Medical Opinion Disability Benefits Questionnaire (DBQ). The Board finds that the examiner failed to consider the requested STRs. In addition, the Board finds the medical opinion to be inadequate, as the examiner failed to provide a sufficient rationale to support the opinion. In a March 2021 VA medical opinion, the examiner opined that the Veteran's bilateral hip disability was less likely than not caused or permanently aggravated by a service-connected disability. Here, the Board finds the medical opinion to be inadequate as the examiner failed to address all the Veteran's service-connected disabilities. In regard to causation, the examiner merely addresses whether the Veteran's service-connected knee disability caused her hip disability. The Board finds the examiner failed to address any of the Veteran's other service-connected disabilities such as her back disability which the Veteran asserts caused or aggravated her hip disability. Furthermore, the examiner merely addresses whether the Veteran's fibromyalgia aggravated her hip disability. No other service-connected disability was addressed. As such, the Board finds the examiner failed to provide an adequate medical opinion. Accordingly, the July 2020 and March 2021 VA medical opinions do not fulfill the Board remand directives, and the issues must be remanded to fully comply with those directives as outlined in the March 2020 remand. See Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: The RO must obtain an addendum opinion regarding the Veteran's service connection claim. In-person examinations are not necessary unless the examiner determines it must be conducted to address the questions below. The examiner is asked to specifically address the following, with a complete rationale provided: (a.) Whether the Veteran's currently diagnosed bilateral hip disability is at least as likely as not (at least an approximate balance of positive and negative balance) related to an in-service injury, event, or disease. The examiner must specifically address the December 1975 and January 1977 service treatment records. (b.) Whether the Veteran's bilateral hip disorder is at least as likely as not caused or aggravated by any service-connected disability, to include her back disability. A full list of the Veteran's service-connected disabilities is provided in a May 2021 rating decision. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Glaeser, Jennifer 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.