Citation Nr: 21066294 Decision Date: 10/29/21 Archive Date: 10/29/21 DOCKET NO. 17-06 775 DATE: October 29, 2021 REMANDED Entitlement to service connection for a left hip condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Air Force from September 1982 to December 1997. In November 2019, a videoconference hearing was held before the undersigned Veterans Law Judge (VLJ). A transcript is of record. In January 2020, the Board of Veterans' Affairs (Board) remanded the issue of entitlement to service connection for a left hip condition for additional development. Specifically, the Board remanded for a VA examination and requested that the VA examiner opine as to whether the Veteran's left hip condition was proximately due to or aggravated by his service-connected right hip condition. On January 2021 VA examination, the examiner diagnosed left hip osteoarthritis and opined that the condition was less likely than not proximately due to or the result of the Veteran's service-connected right hip condition. In her rationale, the examiner provided a brief history of the Veteran's right hip condition; however, she did not provide any explanation detailing why the Veteran's left hip condition was not etiologically related to the right hip condition. Moreover, the examiner failed to provide any opinion or rationale addressing whether the Veteran's left hip condition was aggravated by his service-connected right hip condition. For these reasons, the Board finds that the January 2021 VA examiner failed to comply with the Board's remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Accordingly, the Board finds the January 2021 VA medical opinion insufficient for rating purposes. Additionally, at the November 2019 Board hearing, the Veteran contended that his left hip condition may be related to the wear and tear from service. Specifically, the Veteran alleged that while serving as an Air Force recruiter, he went on daily runs with recruits on concrete. This, he stated, may have exacerbated his left hip condition. See November 2019 Hearing Transcript. Additionally, in his June 2014, Notice of Disagreement (NOD), the Veteran asserted that working on the flight line and bending over in small spaces may have contributed to his left hip condition. As no VA medical opinion has been obtained addressing service connection on a direct basis, the Board finds that remand is warranted to obtain a VA medical opinion addressing whether the Veteran's left hip condition is etiologically related to service on a direct basis. The matter is REMANDED for the following action: Obtain a VA medical opinion from an appropriate clinician to determine the nature and etiology of the Veteran's left hip condition. The claims folder (including a copy of this remand) must be provided to and reviewed by the examiner. All indicated tests should be accomplished and all clinical findings reported in detail. (a.) The examiner must opine as to whether it is at least as likely as not (i.e., 50 percent probability or greater) that any diagnosed left hip condition had its onset in, or is otherwise related to, the Veteran's active duty service. In rendering the above opinion, the examiner must specifically consider and discuss the Veteran's contention that running daily on concrete during service may have exacerbated his left hip condition. The examiner must also specifically consider and discuss the Veteran's contention that working on the flight line and/or spending many hours bent over in small places may have caused or contributed to his left hip condition. (b.) The examiner must opine as to whether it is at least as likely as not (i.e., 50 percent probability or greater) that any diagnosed left hip condition was caused or aggravated by his service-connected right hip condition. Aggravation is defined as any increase in disability. In rendering the above opinion, the examiner must specifically consider and discuss the Veteran's November 2019 hearing testimony wherein he reported that his doctor stated that compensating for his service-connected right hip condition led to his left hip condition. The examiner is advised that the Veteran is competent to report his symptoms/history and that such reports must be acknowledged and considered in formulating any opinion. If his reports are discounted, the examiner should provide a reason for doing so. A rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Talton, John H. 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.