Citation Nr: 21073868 Decision Date: 12/13/21 Archive Date: 12/13/21 DOCKET NO. 18-20 032 DATE: December 13, 2021 REMANDED Entitlement to an increased initial rating for left hip adduction, currently evaluated at 10 percent disabling, is REMANDED. Prior to December 16, 2020, entitlement to an initial compensable rating for limitation of left hip extension is REMANDED. On and after December 16, 2020, entitlement to a rating in excess of 10 percent for left hip extension is REMANDED. Entitlement to an initial compensable rating for a left hip limitation of flexion is REMANDED. REASONS FOR REMAND The Veteran served honorably in the United States Air Force from June 1955 to January 1960. 1. Entitlement to an increased initial rating for left hip adduction, currently evaluated at 10 percent disabling, is remanded. 2. Prior to December 16, 2020, entitlement to an initial compensable rating for limitation of left hip extension is remanded. 3. On and after December 16, 2020, entitlement to a rating in excess of 10 percent for left hip extension is remanded. 4. Entitlement to an initial compensable rating for a left hip limitation of flexion is remanded. In September 2016, the Veteran submitted a VA Form 21-526EZ. Therein, the Veteran initiated a claim for service connection for a left hip disability. In December 2016, the agency of original jurisdiction (AOJ) issued a rating decision. Therein, the AOJ granted service connection for a left hip disability, assigning noncompensable ratings for limitation of extension and flexion and a 10 percent rating for limitation of in adduction. In February 2017, the Veteran submitted a notice of disagreement (NOD). Therein, the Veteran contested the assigned ratings for the service-connected left hip disabilities. In December 2017, the Veteran supplied sworn testimony to a decision review officer (DRO). At that time, the Veteran testified that he endured left hip pain. In July 2018, the Veteran, and his physician (Dr. Babin), supplied sworn testimony to the undersigned Veterans' Law Judge (VLJ). At that time, the Veteran testified that he endured constant 7 or 8 / 10 left hip pain, which resulted in trouble walking, stumbles, and falls. The Veteran testified that he had learned to live with issues walking for the past 40 years, but it had become problematic during the last year. The Veteran testified that he could only drive 20 miles due to the left hip disability. The Veteran testified that he could only sit for 10 or 15 minutes at a time. The Veteran's physician testified that he could demonstrated 45 degrees (or less) of left hip flexion. The physician testified that the Veteran was unable to adduct or extend the left hip. The physician testified that, to date, left hip nerve damage(s) has not been demonstrated. At that time, the physician testified that the Veteran's treatment records were submitted at the last, December 2017 DRO hearing. In August 2018, the Board addressed the three issues listed on the title page. The Board noted that there were significant differences between the February 2018 VA examination range of motion (ROM) findings and the testimony supplied by the Veteran's physician during the July 2018 Board hearing. The Board remanded the claim to receive an updated VA examination report. In October 2021, a VA Subsequent Development Letter was associated with the claims file. Therein, VA relayed that it could not locate any medical records generated by the testifying physician, Dr. Babin. At that time, VA supplied the Veteran with the requisite Forms in order to facilitate retrieval of any outstanding, pertinent medical records. The Board observes that during the July 201 Board hearing, the Veteran and his physician indicated that the physician's treatment records were submitted at the DRO hearing in December 2017. Moreover, the Feb 2018 VA examination references page 25 of the records from Dr. Babin. While there was a release signed for Dr. Babin at the DRO hearing in Dec 2017. Review of the claims file does not identify Dr. Babin's treatment records for the left hip. In light of above, a remand is required to obtain the records of Dr. Babin and associate them with the claims file before the Board can make a determination regarding the Veteran's outstanding increased disability rating claims, as VA's duty to assist includes "obtaining sufficiently identified VA medical records or records of examination or treatment, regardless of their relevance." Sullivan v. McDonald, 815 F.3d 786, 790-93 (Fed. Cir. 2016). Consequently, the matters are REMANDED to the agency of original jurisdiction (AOJ) for the following action: 1. Contact the Veteran, and, with his assistance, identify any outstanding records of pertinent medical treatment from VA, Federal, or private health care providers. With the Veteran's assistance obtain copies of any pertinent records and add them to the claims file. A specific effort must be made to contact and associate the records of Dr. Babin, who apparently provided treatment for the Veteran's service-connected left hip disabilities. Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159 (c) (2020). If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159 (e). 2. After completion of the above, the AOJ should readjudicate the issues on appeal in light of all the additional evidence added to the record since the March 2018 SOC and the April 2021 SSOC. 3. If any of the benefits sought on appeal are denied, the Veteran and his representative should be provided a supplemental statement of the case. An appropriate period of time should be allowed for response before the case is returned to the Board. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board RLBJ, 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.