Citation Nr: 21076888
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 191018-38913
DATE: December 28, 2021

REMANDED

Service connection for a left hip disorder.

REASONS FOR REMAND

The rating decision on appeal was issued in March 2019 and constitutes an initial decision; therefore, the appeal is being considered under the Veterans Appeals Improvement and Modernization Act, also known as the Appeals Modernization Act (AMA). 

In an October 22, 2020, decision, the Board remanded the issues of entitlement to service connection for chronic rhinitis, migraines, status/post concussion, plantar fasciitis, left ankle disorder, tinnitus, right hip disorder, and right foot metatarsalgia. The issue of entitlement to service connection for a left hip disorder was not addressed in that decision. Therefore, the Board is now issuing a supplemental decision to address that issue.

As part of the development of the claim, the Veteran was scheduled for examinations; however, she failed to report for the scheduled examinations. In March 2019, the Agency of Original Jurisdiction (AOJ) denied the claim based on the failure to report. In an October 2019 VA Form 10182, she stated that she did not receive notification of the examinations. 

The Board concludes that this matter must be remanded to correct a duty-to-assist error that occurred prior to the March 2019 rating decision on appeal. While the AOJ scheduled the Veteran for examinations, there is no record in the file that she was ever notified of the examination dates and times and she has offered credible statements that she was not notified. As such, the issue is remanded to reschedule examinations. 

The matter is REMANDED for the following actions:

1. Schedule the Veteran for an examination to determine the nature and etiology of the left hip disorder.

In particular, the examiner is asked to render an opinion as to the following: 

	Is it as at least as likely as not (50 percent or greater probability) that a left hip disorder was incurred in or the result of service.

2. A rationale for all opinions should be provided. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Grzeczkowicz 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.