Citation Nr: 21071316 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 17-46 212 DATE: November 30, 2021 REMANDED Entitlement to service connection for a right hip disability to include as due to left hip and/or left thigh disability is remanded. REASONS FOR REMAND The Veteran served in with the Army National Guard from June 1981 to September 1981 and with the Army from October 1987 to January 1993. This matter is on appeal from a January 2017 rating decision. The Veteran was afforded an August 2021 hearing before the undersigned Judge; a transcript of the hearing has been associated with the claims record. The Board notes that during the August 2021 hearing, the Veteran testified to being unable to work since January relating to his service-connected left hip disability. While it appears, the Veteran sought to raise a claim for total disability rating based on individual unemployability (TDIU) during the hearing, the Board notes that such claim is part and parcel of only increased rating claims, not of service connection claims. Rice v. Shinseki, 22 Vet. App. 447 (2009). As such, entitlement to TDIU is not before the Board as part of the appeal. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2). The Board finds that remand is warranted for additional development. The Veteran asserts that his right hip disability is related to service to include as due to his service-connected left hip and/or left thigh disability. The Veteran was afforded a November 2016 VA examination. The examiner opined that it was less likely than not that the Veteran's right hip disability was due to his left hip disability; however, the examiner did not provide any specific rationale or reference to records to support the findings. Regarding the theory of secondary service connection to a left hip disability, the examiner did not address whether the Veteran's right hip disability was aggravated by the left hip or left thigh disability or identify a baseline. As such, the Board finds the VA opinion to be inadequate and remand warranted to obtain an adequate opinion on the nature and etiology of the Veteran's right hip disability. The Board also notes that the Veteran testified at the August 2021 hearing of receiving treatment from a chiropractor for his hips and that they have told him that his right hip may be related to his left hip injury. Review of the record does not show that the records of the treatment from this chiropractor have been associated with the record. As such, the Board finds that remand is also warranted to obtain outstanding treatment records with the claims record. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file all updated and outstanding treatment records. 2. Request that the Veteran complete a VA Form 21-4142 and provide the names and addresses of any and all healthcare providers who provided treatment for the Veteran's claimed right hip disability. (a.) After acquiring this information and obtaining any necessary authorization, obtain and associate any pertinent records with the claims folder. Make two requests for the authorized records from any identified provider, unless it is clear after the first request that a second request would be futile. All attempts to procure such records must be documented within the claims file. 3. Schedule a VA examination with an appropriate provider to determine the nature and etiology of the Veteran's right hip disability. The complete record, to include a copy of this remand, must be made available to and reviewed by the examiner. The examination report must include a notation that this record review took place. The examiner should respond to the following: (a.) Identify each current right hip disability, which may include pain alone that rises to the level of functional impairment. If either disability existed during the appeal period but has resolved, this should be made clear. (b.) The examiner should record in detail the Veteran's history of his claimed right hip disability and how it affects the Veteran's his ability to function. (c.) For each right hip disability identified, whether resolved or active, please address whether is it as least as likely as not (a 50 percent or greater probability) the Veteran's right hip disability arose in service or is etiologically related to his military service? If the Veteran is diagnosed with only pain, the examiner must determine whether such results in any functional impairment. (d.) Is it as least as likely as not (a 50 percent or greater probability) the Veteran's right hip disability was caused by or related to his left hip disability? (e.) Is it at least as likely as not (50 percent probability or more) that the Veteran's right hip disability is aggravated by his service-connected left hip disability? (f.) Is it as least as likely as not (a 50 percent or greater probability) the Veteran's right hip disability was caused by or related to his left thigh disability? (g.) Is it at least as likely as not (50 percent probability or more) that the Veteran's right hip disability is aggravated by his service-connected left thigh disability? (h.) In providing the above opinions, the examiner should note that "Aggravation" is defined as any worsening beyond the natural progression of the disability. The examiner should establish a baseline level of disability prior to aggravation. If a baseline cannot be established, the examiner should explain why. (i.) In rendering the requested opinions, the VA examiner should identify and address any relevant medical and lay evidence to include the August 1991 report of injury in the service treatment record (STRs); the November 2016 VA examination findings; February 2017 notice of disagreement; and August 2021 testimony. (j.) The examiner is also advised that the Veteran is competent to report in-service events and treatment, symptoms and history, and such reports and assertions must be specifically acknowledged and considered in formulating any opinions. If the examiner rejects the Veteran's reports or lay statements, the examiner must provide a reason for doing so. (k.) A complete rationale is requested for all opinions rendered. If the examiner cannot provide the requested opinions without resorting to speculation, he/she should expressly indicate this and provide a supporting rationale as to why an opinion cannot be made without resorting to speculation. 4. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review, if in order. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Yang, Attorney-Advisor 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.