Citation Nr: 21075658
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 09-42 090A
DATE: December 21, 2021

REMANDED

Service connection for a bilateral hip disorder.

 

REASONS FOR REMAND

The Veteran served on active duty from March 1983 to February 1989.

The case is on appeal from a September 2008 rating decision.

Most recently, in a July 2018 decision, the Board denied the claim.  The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court).  Pursuant to an April 2019 Joint Motion for Remand (JMR), the Court vacated the Board's July 2018 denial by an April 2019 Order, and remanded the issue to the Board.

In October 2019, the Veteran submitted a request for a Board hearing.  A hearing was scheduled for October 2021.  However, in October 2021, the Veteran withdrew the hearing request.  Accordingly, the Board considers the Veteran's request for a hearing to be withdrawn.  See 38 C.F.R. § 20.704(e).

Service connection for a bilateral hip disorder.

In its July 2018 decision, the Board relied on the January 2018 VA examination report in denying the claim.  In the April 2019 JMR, the parties indicated that the January 2018 opinion was inadequate, as the examiner used incorrect standards in providing a negative nexus opinion.  The parties found such opinion was insufficient and the Veteran is entitled to an adequate opinion on remand.

Pursuant to the April 2019 JMR, the Board will remand the claim for further development.  The Veteran must be provided a VA opinion to determine whether the bilateral hip disorder was caused or aggravated by his service-connected knee and back disabilities.

The matters are REMANDED for the following action:

Obtain a VA medical opinion from a qualified Physician to determine the etiology of the Veteran's bilateral hip disorder.

The examiner is to provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's bilateral hip disorder was caused by his service-connected disabilities, including his bilateral knee and back disorders.

If not, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's bilateral hip disorder was aggravated by his service-connected disabilities, including his bilateral knee and back disorders.

Aggravation is an increase in severity beyond the natural progress of the disease.

The examiner should review and address the lay evidence of record.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Isaacs, Brandon

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.