Citation Nr: 21072740 Decision Date: 12/06/21 Archive Date: 12/06/21 DOCKET NO. 19-31 753 DATE: December 6, 2021 ORDER Entitlement to service connection for left hip degenerative arthritis, to include as secondary to a service-connected disability, is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran's favor, his left hip degenerative arthritis is at least as likely as not related to active service, to include as secondary to a service-connected disability. CONCLUSION OF LAW The criteria for entitlement to service connection for left hip degenerative arthritis, to include as secondary to a service-connected disability, have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.309, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from July 1956 to March 1962. The Veteran appeared and testified at a virtual teleconference hearing in October 2021 before the undersigned Veterans Law Judge. A transcript is of record. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131. Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). In addition to the regulations cited above, service connection is warranted for a disability which is aggravated by, proximately due to, or the result of a service-connected disease or injury. 38 C.F.R. § 3.310. Any additional impairment of earning capacity resulting from an already service-connected condition, regardless of whether or not the additional impairment is itself a separate disease or injury caused by the service-connected condition, should also be compensated. Allen v. Brown, Vet. App. 439 (1995). When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition. Id. Entitlement to service connection for left hip degenerative arthritis, to include as secondary to a service-connected disability The Veteran contends that his left hip degenerative arthritis is related to active duty service. Specifically, he contends that he initially injured it during a construction accident in service where he was thrown on his back, and then it was aggravated over the years by his service-connected disabilities, including arthritis and replacement of the right knee and arthritis of the lumbar spine, right hip, and left knee. He contends that he primarily put weight on the left side to alleviate the pain on the right side of his body from service-connected disabilities. After a review of the evidence of record, the Board finds that service connection for left hip degenerative arthritis should be granted. First, the medical evidence of record indicates that the Veteran has sought treatment for left hip pain since at least September 2015. During an August 2018 VA examination, the Veteran was diagnosed with osteoarthritis of the bilateral hips. Next, the Veteran underwent a VA examination for his left knee in November 2017, and the VA examiner stated that the Veteran's right knee arthritis has caused him to shift his weight to the left side, and that patients with unilateral knee osteoarthritis are at increased risk of developing end-stage hip osteoarthritis in the contralateral limb. Consistent with the Veteran's credible testimony that he consistently put more weight on the left side due to his service-connected right knee osteoarthritis, the VA examiner's opinion supports that it is at least as likely as not that his right knee osteoarthritis caused or aggravated the osteoarthritis in his left hip. As such, service connection for left hip degenerative arthritis should be granted. In making this decision, the Board recognizes the negative nexus opinion of the August 2018 VA examiner. However, at the time of this opinion, the Veteran was not service connected for arthritis in the right hip, lumbar spine, or left knee, so the examiner was unable to consider the impact of these disorders on the Veteran's left hip. Furthermore, the August 2018 VA examiner did not discuss the medical studies cited by the November 2017 VA examiner indicating that arthritis in one knee increases the risk of end-stage osteoarthritis in the contralateral hip. As such, the Board finds this opinion lacks probative value. As the weight of the evidence is in favor of the Veteran's claims, the Board finds that service connection for left hip degenerative arthritis is warranted. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Veltri, Associate Counsel