Citation Nr: 21074770
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 17-56 622
DATE: December 16, 2021

REMANDED

Entitlement to service connection for a left hip disability, to include degenerative arthritis, is remanded.

REASONS FOR REMAND

Having reviewed the record, the Board finds remand is warranted for an addendum opinion.  Though an examination was obtained in October 2021, remand is warranted as the examiner utilized the incorrect legal standard.  Specifically, the October 2021 VA examiner opined that the Veteran's pre-existing left hip condition was less likely than not aggravated beyond natural progression.  However, this is the incorrect legal standard when disabilities are determined to clearly and unmistakably pre-exist service.  Accordingly, an addendum opinion should be obtained.  On remand, the examiner should state whether the Veteran's pre-existing left hip disability clearly and unmistakably was not aggravated beyond the normal progress of the disability during or as a result of active service (i.e., that it clearly and unmistakably did not increase or that any increase was clearly and unmistakably due to the natural progress of the disease).  

Any outstanding VA treatment records from March 2021 to present should be obtained and associated with the claims file.

The matter is REMANDED for the following actions:

1. Obtain the Veteran's VA treatment records for the period from March 2021 to present.

2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's left hip disability (which was determined to have clearly and unmistakably preexisted service) clearly and unmistakably was not aggravated beyond the normal progress of the disability during or as a result of active service (i.e., that it clearly and unmistakably did not increase or that any increase was clearly and unmistakably due to the natural progress of the disease).  

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Vang, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.