Citation Nr: 21073514
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 15-39 493
DATE: December 8, 2021

REMANDED

Entitlement to service connection for a right hip disability, claimed as secondary to the service-connected right heel disability, is remanded.

REASONS FOR REMAND

The Veteran, who is the appellant in this case, served on active duty from June 1966 to May 1968.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified at a September 2019 Board Videoconference hearing before the undersigned Veterans Law Judge.  A copy of the hearing transcript is associated with the claims file.

Entitlement to service connection for a right hip disability, claimed as secondary to the service-connected right heel disability, is remanded.

The Veteran has been diagnosed with a right hip disability.  See December 2005 private treatment record (diagnosing degenerative arthritis of the right hip); August 2015 VA treatment note (indicating presence of artificial right hip).  During the September 2019 Board hearing, the Veteran asserted that his current right hip disability is related to his service-connected right heel disability.  To date, VA has not obtained a competent medical examination and opinion addressing this claim.  Given the evidence of a current disability, the Veteran's lay statements, and the fact that service connection is currently in effect for a right heel disability, a VA examination is necessary prior to further adjudication.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006).

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to determine the nature and etiology of his current right hip disability.  The entire claims file, including a copy of the Remand, should be made available to, and be reviewed by, the VA examiner.  All appropriate tests, studies, and consultation should be accomplished, and all clinical findings should be reported in detail.

After examination of the Veteran and review of the claims file, the examiner should provide the following opinions:

a. Whether it is at least as likely as not (50 percent probability or higher) that the Veteran's current right hip disability is proximately due to, or caused by, his service-connected right heel disability.

b. Whether it is at least as likely as not (50 percent probability or higher) that the Veteran's current right hip disability is aggravated by his service-connected right heel disability.

A complete rationale should be provided for the opinions rendered.

2. Then, readjudicate the issue on appeal.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Thomas, 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.