Citation Nr: 21072780 Decision Date: 12/06/21 Archive Date: 12/06/21 DOCKET NO. 17-32 208 DATE: December 6, 2021 REMANDED Entitlement to service connection for a left hip disability is remanded. REASONS FOR REMAND The decedent had a period of active duty from September 7, 1973 to October 19, 1973. The Appellant is the decedent's surviving spouse and has been properly substituted. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the decedent served on active duty solely during initial entry training from September 7, 1973 to October 19, 1973 and was separated due to demonstrated deficiencies in aptitude, attitude, and self-discipline. See October 1973 Discharge. The decedent was not service connected for disability and has not acquired veteran status. 38 U.S.C. § 101(24); 38 C.F.R. § 3.6(a); see Biggins v. Derwinski, 1 Vet. App. 474, 477-78 (1991). In August 2021, the Appellant testified before the undersigned Veterans Law Judge at videoconference hearing. A transcript has been associated with the claims file. Entitlement to service connection for a left hip disability is remanded. The decedent asserted service connection for hip disability as due to a fall in service, or alternatively, as due to personal assault. See April 2016 VA Form 21-526EZ; see also September 2016 VA Form 21-526EZ. The decedent specified it was a left hip disability in a May 2017 VA Form 9. The Agency of Original Jurisdiction (AOJ) did not provide examination for the decedent's appealed issue. In this case, service records show the decedent was assessed with a bruise to the hip on September 15, 1973. See September 1973 Service Record. The decedent was seen 5 days later for follow-up and he reported some tenderness, the service record contains the annotation "no serious problem." Thereafter, the decedent was separated from active service. In light of the treatment in service, the Board finds the element of in-service injury is demonstrated. There are also VA medical records showing the decedent reporting hip pain and examination showed the decedent had an antalgic gait to the left lower extremity. See June 2016 Medical Record. In Saunders, the Court found that pain alone may constitute a disability, even without an identifiable underlying pathology provided that such pain is productive of functional impairment. See Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018). Given the injury in service and evidence of left lower extremity pain and functional impairment, the Board finds that medical opinion is warranted. McClendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: Obtain an opinion to ascertain the etiology of the decedent's claimed left hip disability. The examiner should review the claims file, including the decedent's statements, VA treatment records, service records and the August 2021 hearing. The examiner should provide the following opinion: a. State whether it is at least as likely as not (a 50 percent) that a left hip disability is due to or caused by service, including the injury in September 1973 resulting in a bruise. Provide rationale in support of the determinations reached. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Trickey 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.