Citation Nr: 21068818
Decision Date: 11/15/21	Archive Date: 11/15/21

DOCKET NO. 16-49 079
DATE: November 15, 2021

REMANDED

Service connection for a right hip disorder. 

REASON FOR REMAND

The Veteran served on active duty from January 1968 to January 1970; he has been 100 percent disabled based on unemployability since July 2015. 

In June 2021, the Board remanded the Veteran's claim for a right hip disorder to schedule a VA examination to determine the etiology of the right hip disorder and to consider whether the service-connected back disability caused or aggravated any current right hip disorder. The examiner was instructed to address the Veteran's 2011 medical records regarding his right hip disorder. 

The Veteran underwent a VA examination in July 2021. The examiner found that the medical records did not reveal continuous ongoing medical treatment or aggravation of acute or chronic right hip joint condition during time of discharge from active service to present day. However, the VA examiner did not address the diagnosis of degenerative changes of the right hip and bursitis, as well as evidence of hip pain and osteoarthritis noted in the 2011 medical records. Therefore, another opinion must be obtained.

The matter is REMANDED for the following actions:

1. Identify and obtain any outstanding, pertinent, VA and private treatment records and associate them with the claims file. 

2. Obtain a medical opinion regarding the etiology of any right hip disability. Following a full review of the record, the clinician should address the following:

	Whether it is at least as likely as not (50 percent or greater probability) that a right hip disorder (including hip pain) was caused by a service-connected back disability.

	Whether it is at least as likely as not that a right hip disorder (including hip pain) was aggravated (i.e. worsened beyond its natural progression) by a service-connected back disability. 

Aggravation is defined as any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease. 

The clinician is advised that a finding that the Veteran's right hip disability was aggravated beyond the normal progression due to a service-connected disability does not require evidence of permanent worsening and may encompass any additional impairment in earning capacity resulting from an already service-connected condition.

A complete rationale should be provided for all opinions.

 

3. If the clinician determines that an examination is necessary in order to provide the requested opinions, then one should be scheduled.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Grzeczkowicz 

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.