Citation Nr: 21070294 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 18-26 025 DATE: November 23, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for a left hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty from January 2012 to May 2015. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida, which, inter alia, denied service connection for left knee and bilateral hip disabilities. In January 2021, the Veteran testified at a tele-hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. This matter was previously before the Board in April 2021. At that time, the Board remanded the above captioned claims, as well as a service connection claim for traumatic brain injury (TBI), for further evidentiary development. While the matter was in remand status, in a June 2021 rating decision, the RO granted service connection for TBI and awarded a noncompensable rating, effective May 30, 2015. That award constitutes a full grant of the disability sought, and that appeal has been resolved. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (holding that where an appealed claim for service connection is granted during the pendency of the appeal, a second notice of disagreement must thereafter be timely filed to initiate appellate review of the claim concerning "downstream" issues, such as the compensation level assigned for the disability and the effective date). 1. Entitlement to service connection for a left knee disability is remanded. 2. Entitlement to service connection for a right hip disability is remanded. 3. Entitlement to service connection for a left hip disability is remanded. The Veteran contends that his left knee and bilateral hip disabilities are secondary to his service-connected pes planus. See June 2015 VA Form 21-526EZ Application for Disability Compensation and Related Compensation Benefits. A February 2015 entry in the Veteran's service treatment records (STRs) noted the Veteran's complaints of hip pain. See February 2015 Medical Record. VA treatment records note a history of left knee and bilateral hip pain. See 2016-2021 VAMC records. The Veteran was afforded VA examinations in December 2015. The Veteran reported left knee pain secondary to his left foot condition. With regard to his hips, he reported left foot pain which ascended to his left hip and a perceptible "popping" sound when his right hip was flexed. In addition, the Veteran reported functional loss with walking and running due to left knee and hip pain. The examiner determined that there was no objective evidence to support any diagnosable left knee or bilateral hip disorder and, therefore, an etiological opinion was not warranted. The Board finds that the VA examinations are inadequate. In that regard, the examiner failed to address the Veteran's reports of left knee and bilateral hip pain and difficulty walking and running and whether those symptoms cause functional impairment of earning capacity. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). While the Board greatly regrets further delay, a remand is warranted for new VA examinations. Accordingly, the matters are REMANDED for the following action: 1. Schedule the Veteran for examinations to determine the nature and etiology of any current left knee or bilateral hip disabilities. Access to the Veteran's electronic VA claims file must be made available to the examiner for review in connection with the examinations. After reviewing the record, the examiner should provide an opinion, with supporting rationale, as to the following: (a) Is it at least as likely as not that the Veteran currently has left knee and/or bilateral hip disabilities, i.e. either diagnosable pathology or symptoms such as pain, without an accompanying diagnosis of a present disease, which reaches the level of a functional impairment of earning capacity? (b) Is it at least as likely as not that any current left knee and/or bilateral hip disabilities had their inception during the Veteran's period of active service or are otherwise causally related to an in-service disease or injury? In providing this opinion, the examiner must review the relevant evidence of record, to include service treatment records showing the Veteran's reports of hip pain in February 2015. (c) If not, is it at least as likely as not that any current left knee and/or bilateral hip disabilities are caused by the Veteran's service-connected pes planus? (d) If not, is it at least as likely as not that any current left knee and/or bilateral hip disabilities are aggravated by his service-connected pes planus? If aggravation is found, the examiner must attempt to establish a baseline level of severity of the disability, prior to aggravation. A complete explanation must be provided for any opinion offered. In providing the requested opinion, the examiner should reference any relevant evidence of record. K. Conner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Ruddy, Associate Counsel 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.