Citation Nr: 21071329 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 10-32 999 DATE: November 30, 2021 REMANDED Entitlement to service for a right hip condition is remanded. REASONS FOR REMAND The Veteran had active military service from November 1983 to January 1985. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2010 rating decision of a VA Regional Office (RO). The Board denied the Veteran's claim for service connection in November 2020. Subsequently, the Veteran appealed the denial of her claim to the United States Court of Appeals for Veterans Claims (Court/CAVC). In an August 2021 decision, the Court granted the parties' Joint Motion for Remand (JMR), vacated the Board's November 2020 decision, and remanded the matter to the Board for action consistent with the ruling. The claim is now once again before the Board. In May 2020, the Board remanded the Veteran's claim for service connection for a right hip condition for a VA examination. The Board instructed the examiner to indicate whether the Veteran experienced functional impairment due to right hip pain. Afterward, the examiner was to indicate whether it was at least as likely as not that any right hip impairment, whether or not attributed to a specific diagnosis, was either (a) caused or (b) aggravated by the Veteran's service-connected disabilities, to include medications taken for such disabilities. If aggravated, the examiner was to specify the baseline of disability prior to aggravation. During the September 2020 VA examination for hip conditions, the VA examiner indicated the Veteran was negative for a diagnosis for a right hip condition; however, she was positive for flare-ups of increased right hip pain. During these flare-ups, the examiner indicated that her increased pain resulted in significantly limited functional loss but no loss of range of motion. In an accompanying September 2020 VA opinion, the VA examiner noted that there was no functional impairment due to right hip pain and no diagnosis for a right hip condition. In an August 2021 JMR, the parties found that the Board had provided an inadequate rationale for why the September 2020 VA examination and opinion complied with its May 2020 remand directives, given the contradictory findings. The Board agrees and finds that the September 2020 VA examination provided contradictory findings and did not substantially comply with the Board's remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Consequently, this claim must be remanded for a new VA examination to provide updated findings and to address the Board's requested findings and opinions. The matters are REMANDED for the following action: Afford the Veteran a VA examination by an appropriate examiner to address her claimed right hip condition. The electronic claims file must be made reviewed by the examiner prior to completion of the opinion, and the opinion must reflect that the claims folder was reviewed. (a) The examiner must indicate whether the Veteran experiences functional impairment due to right hip pain. If the Veteran reports flare-ups of their claimed condition, the examiner should also indicate whether there is functional impairment during flare-ups. (b) Next, the examiner must indicate whether it is at least as likely as not (a 50 percent or greater probability) that any right hip impairment, whether or not attributed to a specific diagnosis, is either (a) caused or (b) aggravated by service-connected disabilities (see list in July 2021 rating decision), to include medications taken for such disabilities. If aggravated, the physician should specify the baseline of disability prior to aggravation. A complete rationale should accompany any opinion provided. The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity to report for an examination. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Hicks, 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.