Citation Nr: 21072415
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 18-04 962
DATE: December 3, 2021

REMANDED

Entitlement to service connection for osteoarthritis of the left hip, to include secondary to osteoarthritis of the right hip is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from September 1982 to September 1985 and April 1986 to April 1992.

In March 2020, the Veteran testified at a Board hearing.  The transcript is of record.  This claim was previously remanded by the Board in May 2021. 

The Veteran filed a claim for service connection for osteoarthritis in both hips that was received by VA in August 2017.  He claims his left hip was injured due to the rigors of military training, such as running and jumping.  Alternatively, the Veteran claims that his left hip osteoarthritis is secondary to osteoarthritis of the right hip.

The Board notes that the Veteran has a claim currently pending for entitlement to service connection for osteoarthritis of the right hip.  As the Veteran provided testimony in a hearing before a different Veterans Law Judge (VLJ) for the right hip claim, it will not be addressed in this decision. 

The Board previously remanded this claim in May 2021 because it is inextricably intertwined with the entitlement to service connection for osteoarthritis of the right hip claim that is before another VLJ and was on appeal.  As the Board has remanded the right hip claim, again, in October 2021, adjudication of this appeal must again be deferred.  

The Court has held that a claim that is inextricably intertwined with another claim that remains undecided and pending before VA must be adjudicated prior to a final order on the pending claim, so as to avoid piecemeal adjudication.  Harris v. Derwinski, 1 Vet. App. 180 (1991).

The matters are REMANDED for the following action:

1. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture.

2. Obtain updated VA and/or private treatment records.  If such records are unavailable, the Veteran's claim file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159(e).

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3. Upon completion of the above directive, complete any other necessary development after review of any additionally received records, to include an VA medical opinion addressing secondary service connection if warranted.

4. Readjudicate the appeal. If the service connection sought for osteoarthritis of the left hip remains denied, issue a supplemental statement of the case, and return the case to the Board.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Wade

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.