Citation Nr: 21070873
Decision Date: 11/26/21	Archive Date: 11/26/21

DOCKET NO. 17-10 761A
DATE: November 26, 2021

ORDER

The appeal to reopen the claim for service connection for a left hip condition is granted.

Service connection for left hip bursitis, osteoarthritis, and degenerative arthritis is granted.

FINDINGS OF FACT

1. The May 1996 rating decision became final because no new and material evidence was added to the claims file within one year and the Veteran did not file an appeal. New and material has been received in the form of an October 2019 VA examination (which provided additional diagnoses for the Veteran's left hip condition) and December 2020 Board hearing testimony from the Veteran (establishing an in-service injury and incurrence as well as a causal nexus in the form of persistence of symptoms since service). 

2. The Veteran has been diagnosed with left hip bursitis, osteoarthritis, and degenerative arthritis; he provided competent (that is, qualified) and credible testimony and statements that he started to have issues with his hips during service because he worked 12-14 hours shifts and was required to climb onto and jump off of heavy equipment used for his military occupational specialty and that his observable left hip symptoms have progressively worsened since active duty service (See July 2017 statement in support of claim, December 2017 Notice of Disagreement, and December 2020 Board hearing); a causal link is established because the Veteran's observable symptoms have persisted since the in-service injury that first caused his hip pain.

CONCLUSIONS OF LAW

1. New and material evidence having been received; the criteria have been met for reopening the claim for service connection for left hip left hip bursitis, osteoarthritis, and degenerative arthritis. 38 U.S.C. § 5108; 38 C.F.R. § 3.156.

2. The criteria have been met for service connection for left hip left hip bursitis, osteoarthritis, and degenerative arthritis. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from August 1992 to January 1996. These matters are before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). A December 2020 Board hearing was held before the undersigned Veterans Law Judge.

After reviewing the evidence of record, and in light of Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the Board has recharacterized the issue of service connection for left hip bursitis to encompass bursitis, osteoarthritis, and degenerative arthritis.

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For the reasons outlined above, the appeals are granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Williams, 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.