Citation Nr: 21070519 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 17-10 044 DATE: November 24, 2021 REMANDED Entitlement to service connection for a bilateral hip disability with degenerative changes including pain (bilateral hip disability) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1981 to October 1984. This matter is on appeal from a May 2015 rating decision. In October 2019, the Veteran testified at a Board hearing via videoconference before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is associated with the record. In January 2020, February 2021, and July 2021 the Board remanded the case for further development by the originating agency. In the July 2021 remand, the Board remanded the claim for another VA medical opinion to determine whether his bilateral hip disability was caused or aggravated by the service-connected low back disability. In rendering an opinion, the examiner was directed to consider and discuss as necessary the pertinent evidence of record, to include the Veteran's lay statements, testimony and complaints concerning his back disability, including those made to medical providers, and the November 2019 statement from private physician, S.S., MD. In accordance with the Board's July 2021 remand, an addendum was obtained in August 2021 at which time a VA examiner opined that the Veteran's bilateral hip pain and bilateral hip osteoarthritis are not likely to have been caused or aggravated by his service-connected low back strain. The examiner gave a rationale for his opinion and discussed the November 2019 statement from private physician, S.S., MD. However, the examiner failed to consider the Veteran's contentions and hearing testimony regarding his bilateral hip disability as requested by the Board. Accordingly, in light of the foregoing and deficiencies in the August 2021 VA medical opinion, another addendum should be obtained. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007); Stegall v. West, 11 Vet. App. 268 (1998); Miller v Wilkie, 32 Vet. App. 249, 259-60 (2020). The matter is REMANDED for the following action: Obtain addendum by an appropriate examiner, other than the August 2021 VA examiner, regarding the nature and etiology of the Veteran's bilateral hip disability. Unless the examiner finds that a new examination is required, the Veteran need not be examined again. The claims file, including a copy of this remand, must be made available to the examiner for review who should indicate that the claims file was reviewed. The examiner should provide the following opinion(s): (a) Is it at least as likely as not (50 percent probability or more) that the Veteran's currently diagnosed bilateral hip disability is proximately due to or the result of the Veteran's service-connected back disability? (b) Is it at least as likely as not (50 percent probability or more) that the Veteran's currently diagnosed bilateral hip disability was aggravated (any incremental increase in the bilateral hip disability beyond its normal progression) by his service-connected back disability? If it is determined that the bilateral hip disability is related to a service-connected disability, to the extent possible, the examiner should indicate the approximate degree of disability or baseline before the onset of aggravation. The examiner is asked to consider and discuss, as necessary, the pertinent evidence of record, to include the Veteran's lay statements, testimony and complaints concerning his back disability, including those made to medical providers, and the November 2019 private statement from S.S., MD. The Board, by this remand, makes no determination, expressed or implied, concerning the credibility of any statements on file. The addendum should include the complete rationale for all opinions expressed. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Adams, 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.