Citation Nr: 21063337 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 17-50 461 DATE: October 14, 2021 ORDER Entitlement to service connection for right hip and leg condition is denied. FINDING OF FACT The preponderance of the evidence is against that the Veteran's right hip and leg condition had its onset in service or is otherwise related to service. CONCLUSION OF LAW The criteria for service connection for a right hip and leg condition have not been met. 38 U.S.C. §§ 1110, 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.159, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from November 1983 to March 1984, February 1988 to May 1989, and January 1998 to June 1998. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of December 2014 issued by the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in March 2019. At that time, the Board issued a remand for further development to include a VA examination, medical opinion, and VA records. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated during service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. That determination requires a finding of current disability that is related to an injury or disease in service. Watson v. Brown, 4 Vet. App. 309 (1993); Rabideau v. Derwinski, 2 Vet. App. 141 (1992). Service connection may be granted for a disability diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability is due to disease or injury that was incurred or aggravated in service. 38 C.F.R. § 3.303(d). 1. Right Hip and Leg Condition The Veteran contends that she is entitled to service connection for her right hip and leg condition. Service connection may be granted on a direct basis, but the preponderance of the evidence is against finding that the Veteran's right hip and leg condition is related to an in-service injury, event, or disease. 38 U.S.C. §§ 1110, 1131; Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d). The Veteran currently has a diagnosis of right inguinal strain with a diagnosis date of May 1998. See July 2014 VA Hip and Thigh Conditions Disability Benefits Questionnaire (DBQ). Thus, the first element of service connection has been met. Next, the Veteran's service treatment records (STRs) contain complaints of right hip pain. See May 1988 STRs. Therefore, the Board finds the second element of service connection has been met as the STRs establish an in-service occurrence. Lastly, the Board must determine whether there is a nexus between the Veteran's in-service occurrence and her current disability. In the July 2014 VA examination, the examiner opined that the Veteran's condition was pre-existing as the Veteran reported right hip fracture prior to service. The examiner opined that it was less likely than not that the Veteran's pre-existing condition was permanently aggravated beyond its normal progression due to her military service. The examiner stated that there is no evidence of record to establish chronicity of complaints or care. See id. In an October 2019 VA addendum to the July 2014 VA examination, the examiner opined that there is no clear and unmistakable evidence of a pre-existing right hip or leg disability prior to service. As such, the Board has determined that the Veteran was sound upon entry. The examiner stated that there was a single April 1998 medical record noting that the Veteran reported a history of a prior right hip fracture. However, physical examinations conducted in December 1987, March 1989, and July 1997 are silent for any pre-existing condition of the right hip or leg. Thus, the examiner concluded that there was noting in the evidence to support that there as a pre-existing hip fracture as diagnosed by a credentialed medical professional. As such, the examiner explained that there is no evidence in the record to demonstrate the Veteran has the training or necessary medical knowledge to diagnose a fracture and there is nothing in the evidence to establish a pre-existing condition existed. See October 2019 NA Addendum/Clarification DBQ. In the October 2019 addendum opinion, the examiner also opined that it was less likely than not that the Veteran's condition was incurred in or caused by her military service based on the available medical evidence. While the Veteran sought treatment for complaints of right hip pain during service, the evidence of record is silent for a chronicity of symptoms, complaints, assessment, or treatment of right hip pathology until the July 2014 VA examination, 16 years after separation. The examiner stated that miliary service can create temporary stress on a joint or muscle system due to training events which can manifest as temporary fatigue or joint/muscle pain. There is nothing contained in the evidence to suggest that the Veteran's in-service complaints and treatment for hip pain was tantamount to permanently disabling pathology. See id. The Veteran's December 2014 notice of disagreement (NOD) stated that she did not go to sick call for her leg because she would have been put on kitchen detail or guard duty and she dealt with the pain. See December 2014 NOD. In considering the Veteran's contentions, the Board notes that she is competent to observe lay symptoms but does not have the training or credentials to provide a competent opinion as to a diagnosis, the onset date of such diagnosis, or medical causation. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). Her lay contentions are thus of markedly lower probative value than, and are outweighed by, the VA medical opinions. Additionally, the lack an etiology opinion undermines the probative value of the Veteran's contentions. Buchanan v. Nicholson, 451 F.3d 1331, 1335 (Fed. Cir. 2006). Finally, the Board notes that roughly 16 years passed between the Veteran exiting service and her first diagnosis and treatment of a right hip and leg condition. Without any competent evidence in support of the Veteran's claim, the Board finds that no medical nexus exists between the Veteran's right hip and leg condition and service. Accordingly, the claim is denied as to direct service connection, and there is no doubt to be resolved in the Veteran's favor. 38 U.S.C. § 5107(b). K. Anderson Acting 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.