Citation Nr: 21061830 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 16-55 156 DATE: October 5, 2021 REMANDED Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for a left ear hearing loss disability is remanded. Entitlement to a compensable rating for a right ear hearing loss disability is remanded. REASONS FOR REMAND The Veteran had active service from February to June 1974, from March 1976 to May 1979 and from March to July 1980, with additional Reserve service. These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office. 1. Entitlement to service connection for a right hip disability. The Veteran contends that he is entitled to service connection for a right hip disability due to his 300 plus jumps as a parachutist while in service. See November 2016 VA Form 9. In a November 2019 medical opinion, the examiner opined that it was less likely than not that the Veteran's right hip disability was related to service. The examiner reasoned that although the Veteran claims his injury was from parachute jumping the "records do not show symptoms of any hip abnormality." However, the Board finds that the examiner's opinion is based on an inaccurate factual background and therefore is inadequate for adjudication purposes. San Juan VA treatment records indicate that a December 2010 hip x-ray revealed significant narrowing of the right hip joint. The Board finds that a remand is necessary to obtain an addendum medical opinion based on accurate factual background and supported by appropriate rationale. 2. Entitlement to service connection for a left ear hearing loss. 3. Entitlement to a compensable rating for a right ear hearing loss disability. At a July 2011 VA audiology consultation, the Veteran reported that he received private ENT treatment at the Hammond Clinic. There are no private treatment records from the Hammond Clinic of record. As there are outstanding relevant records, the Board finds that a remand is necessary to obtain them. The matters are REMANDED for the following action: 1. Contact the Veteran and request that he provide or authorize the release of ENT records from the Hammond Clinic and any other relevant records, not already of record, that are relevant to his claim. See July 2011 VA audiology consult. If, after making reasonable efforts to obtain non-VA records the Agency of Original Jurisdiction (AOJ) is unable to secure same, the AOJ must notify the Veteran and (a) identify the specific records the AOJ is unable to obtain; (b) briefly explain the efforts that the AOJ made to obtain those records; (c) describe any further action to be taken by the AOJ with respect to the claim; and (d) inform the Veteran that he is ultimately responsible for providing the evidence. The Veteran must then be given an opportunity to respond. 2. Obtain an addendum opinion from the November 2019 examiner (or an appropriate medical professional) regarding the Veteran's right hip disability. The Veteran's electronic claims folder, including a copy of this remand, must be available to the examiner for review. If the examiner feels another examination is necessary, another examination should be scheduled. The examiner is requested to offer an opinion as the following: Whether it is at least as likely as not (50 percent probability or greater) that the Veteran's right hip disability, is caused by or is otherwise related to service, to include due to 300 plus parachute jumps. The Board is returning the matter because the November 2019 examiner stated that the Veteran had no hip abnormality. However, the examiner does not address San Juan VA treatment records which indicate that a December 2010 hip x-ray revealed significant narrowing of the right hip joint. The examiner should provide a complete rationale, including citation to appropriate medical principles, for the conclusions reached. (Continued on next page.) 3. Thereafter, readjudicate the issues on appeal as noted above. If the determination remains unfavorable to the Veteran, he and his representative should be furnished a supplemental statement of the case (SSOC) which addresses all evidence associated with the claims file since the last statement of the case. The Veteran and his representative should be afforded the applicable time period to respond. Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Baskerville 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.