Citation Nr: 21071995 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 16-34 458 DATE: December 2, 2021 ORDER Entitlement to service connection for a left hip disability, to include femoroacetabular impingement, (claimed as left hip fracture) is granted. FINDING OF FACT A left hip disability had its onset during active service. CONCLUSION OF LAW The criteria for service connection for a left hip disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 2001 to August 2012. In October 2018, the Board remanded the claim for service connection for a left hip disability for a new VA examination after finding the April 2013 medical opinion was inadequate. In May 2021, the Board again remanded the claim for service connection for a left hip disability for an addendum opinion from the July 2019 VA examiner to address left hips symptoms from the in-service July 2001 injury to the present and the similarity between the July 2001 symptoms and symptoms reported in May 2014. The Board finds there was not substantial compliance with this development. For example, the August 2021 VA examiner did not discuss the May 2014 VA treatment record that noted locking, catching, and instability or its similarity to symptomology noted in July 2001. This discussion was specifically highlighted as necessary by the Board in the May 2021 decision. Therefore, the Board finds the August 2021 VA medical opinion is inadequate. Entitlement to service connection for a left hip disability. Service connection may be established for disability resulting from personal injury suffered or disease contracted in line of duty in the active military, naval, or air service. 38 U.S.C. §§ 1110, 1131. Service connection may be granted for any injury or disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). VA treatment records reveal complaints of left hip pain. For example, the Veteran underwent imaging in May 2013 and September 2014 for left hip pain. She has reported that she has experienced left hip pain since service which began to worsen in 2014. In March 2018, the Veteran was diagnosed with left hip femoroacetabular impingement. Service treatment records document the Veteran was diagnosed with left hip strain in July 2001. The Veteran contends that her left hip disability was incurred in service and has continued to be painful and disabling since that time. The Board finds that the Veteran credibly reported that she stopped reporting left hip symptoms in service due to fears of being labeled a complainer and/or discharged, and she did not report a left hip issue at discharge because she only reported illnesses for which she was currently receiving treatment. VA medical opinions concerning a nexus between the left hip disability and active service were rendered in April 2013, July 2019, and August 2021. While these opinions weighed against a nexus, the Board has previously found them to be inadequate (i.e., did not consider the Veteran's lay reports of symptoms). Therefore, they are afforded no probative value. The Board finds the Veteran competent and credible as to her descriptions of experiencing left hip pain and instability since her in-service incurrence, notwithstanding gaps in reporting such pain in service. Resolving reasonable doubt in the Veteran's favor, the Board finds that the evidence is at least in relative equipoise as to whether her left hip disability is related to her active service. 38 U.S.C. § 5107(b). As such, the claim must be granted. J. NICHOLS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P. McDaniels, 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.