Citation Nr: 21073410 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 16-27 463 DATE: December 8, 2021 REMANDED Service connection for a right hip disability is remanded. Service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1994 to October 1994 in the United States Marine Corps. These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office. In July 2021, the Veteran testified before the undersigned during a virtual hearing. A transcript of the hearing is included in the electronic claims file. 1. Service connection for a right hip disability is remanded. 2. Service connection for a lumbar spine disability is remanded. The Veteran has current osteoarthritis of the right hip and lumbar spine, documented, for example, in a January 2012 VA treatment record. At the July 2021 hearing and in written correspondence, the Veteran reported that his right hip and lumbar spine disabilities arose during military service due to the physical rigors of Marine Corps training. As for the right hip, he additionally testified regarding an incident in which he sustained an infection in his leg, and was unable to train for multiple days in a row. The time off caused him to become somewhat deconditioned, but he promptly resumed his duties and participated in a 20-mile hike. He testified that after the hike, he experienced great pain in the right hip, and could not lift his leg. Service treatment records indeed document an episode of cellulitis in the left leg in September 1994, with treatment spanning over several days. The Veteran also submitted an October 2019 buddy statement of A.W., received in July 2021, corroborating his account of the rigorous physical training required during military service, which included going on long hikes in full gear. With regard to his lumbar spine disability, he testified that he wore his back out during both the hikes as well as while navigating obstacle courses in full gear. He testified that in addition to his 40-pound pack, he usually also carried a radio weighing 35 pounds. In a September 2019 statement submitted in July 2021, the Veteran's treating VA physician, Dr. Q., noted the Veteran's reports of experiencing the right hip and back symptomatology since military service. Dr. Q. opined that it is "possible" that the Veteran's current right hip and lumbar spine disabilities stemmed from wear and tear during military service, given the length of time over which the Veteran has experienced his symptoms. These records thus indicate that the current right hip and lumbar spine disabilities may be related to service. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). A VA medical opinion has not yet been obtained for the claims and one must be provided prior to appellate adjudication. As a final note, on remand, the Veteran is free to seek a supplemental opinion from Dr. Q., or any other provider, that employs more decisive language than that contained in the September 2019 opinion. See, e.g., Tirpak v. Derwinski, 2 Vet. App. 609 (1992) (holding that medical evidence which merely indicates that the alleged disorder "may or may not" exist or "may or may not" be related, is too speculative to establish the presence of a claimed disorder or any such relationship). The matters are REMANDED for the following action: Afford the Veteran a VA examination to obtain evidence addressing the etiology of the right hip disability and lumbar spine disability. A rationale must be provided for all conclusions reached. While a medical opinion is required, the examiner is asked to consider the Veteran's lay reports and may state whether they are medically-consistent or medically-inconsistent with other evidence of record. Opine on whether it is at least as likely as not that the current right hip disability and lumbar spine disability began during active service or are related to an in-service injury, event, or disease, including the cumulative effects of the rigors of military service. In this rendering this opinion, please consider the following: July 2021 hearing testimony and written statements of the Veteran describing that he injured his right hip after participating in a 20-mile hike following a period of deconditioning due to a leg infection, and that he injured his low back after participating in multiple long hikes and navigating obstacle courses while wearing full gear (including a 40-pound pack and 35-pound radio) October 2019 buddy statement of A.W. (received in July 2021), corroborating the Veteran's account of the rigorous physical training required during military service, including performing long hikes in full gear September 2019 opinion of Dr. Q. (received in July 2021) stating that it is possible that the Veteran's current right hip and lumbar spine disabilities stem from wear and tear during military service L.M. YASUI Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Smith, 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.