Citation Nr: 21065294 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 17-05 687 DATE: October 25, 2021 REMANDED Entitlement to service connection for right hip condition is remanded. Entitlement to service connection for left hip condition is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1966 to January1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared at a Board hearing before the undersigned Veterans Law Judge in December 2019. A transcript of the hearing is in the Veteran's file. These matters were previously before the Board in March 2020, April 2021, and July 2021, at which times they were remanded for further development. Unfortunately, further remand is warranted. First, it appears that the Veteran has been in receipt of Social Security Administration (SSA) disability benefits, as indicated in an April 2017 correspondence, which noted that the Veteran had been determined to be disabled and received benefits since 2003. Such records may be particularly relevant as the Veteran's VA examinations have indicated that the Veteran had hip surgery in 2003 and 2004. Additionally, it is observed that the February 2021 supplemental statement of the case, (SSOC) the RO's list of evidence included "VAMC ... treatment records, Muskogee VAMC, from November 7, 2005 through November 27, 2020." VA records dated prior to 2015 do not appear in the file. Any records of VA treatment prior to 2015 should be associated with the file. Likewise, if the entry in the February 2021 SSOC regarding treatment dating from November 7, 2005 was a typographical error, that should be acknowledged. In any event, the earliest date of VA treatment should be confirmed. Last, if and only if any additional records are associated with the claims file, an addendum opinion regarding etiology of the bilateral hip conditions in light of the additional evidence should be sought. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA Medical Center records, to specifically include records noted from November 2005 to present indicated in the February 2021 SSOC. If the reference in the February 2021 SSOC to VAMC treatment dating from November 2005 was made in error, that should be acknowledged; the earliest date of VA treatment provided the Veteran should be confirmed. 2. Obtain and associate with the claims file any records associated with the Veteran's 2003 SSA disability application and decision. If and only if any additional earlier treatment records are associated with the claims file, they (along with the complete claims file) should be forwarded to the August 2021 VA examiner, or other appropriate person for an addendum opinion regarding the etiology of the bilateral hip conditions in light of such additional evidence. The opinion should address whether the Veteran's bilateral hip disability is at least as likely as not related to an in-service disease or injury. For the limited purpose of providing the medical opinion it may be assumed the Veteran's reports of hip discomfort in service, and during the interval between service and the early 2000s are credible. The examiner should consider and discuss the Veteran's lay complaints, to include contentions of carrying heavy loads during military service. A clear and complete rationale should be provided for any opinions expressed. If the absence of a record of treatment in service or for many years after service is considered significant in formulating the opinion, the reasons for that should be explained. In this regard, it would be helpful if the reviewer were to indicate if the conclusion would differ if he or she accepted the Veteran experienced chronic hip discomfort since service, and the reasons for any differing conclusion. (Continued on the next page) 3. Readjudicate the appeal. M. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Dodd, Ryan 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.