Citation Nr: 21077097 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 18-46 932 DATE: December 28, 2021 ORDER Entitlement to service connection for a right hip condition is granted. Entitlement to service connection for a left hip condition is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, his bilateral hip osteoarthritis is related to active service. CONCLUSIONS OF LAW 1. The criteria for service connection for a right hip condition are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for a left hip condition are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served in the Marine Corps from September 1977 to September 1981, December 1981 to December 1983, and from March 1985 to February 1989. The Veteran also served in the Army National Guard from April 1989 to August 1994, and from January 2005 to March 2006. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is associated with the claims file. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). VA is responsible for determining whether the evidence supports the claim, with the veteran prevailing, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b). 1. Entitlement to service connection for a right hip condition 2. Entitlement to service connection for a left hip condition The Veteran contends that he is entitled to service connection for a bilateral hip disability. At the Board hearing, the Veteran testified that due to the wear and tear from the physical requirements of nearly 40 years of service, he developed bilateral hip arthritis. The Veteran reported having bilateral hip pain following prolonged walking or standing, The Veteran was afforded a VA examination in June 2018, and was diagnosed with left hip osteoarthritis, and right hip joint replacement. The Veteran reported that in May 1991, he injured his right hip during a field training exercise, was placed on a temporary physical profile, and that his right hip did not return to normal. Additionally, the Veteran stated he noticed his left hip did not move as smoothly after service discharge. The VA examiner opined that it was less likely than not that the Veteran's bilateral hip condition was incurred in or caused by service. As rationale, the VA examiner stated the service treatment records reveal no objective evidence of chronic hip conditions, and no nexus could be established. (Continued on the next page) In August 2021, the Veteran's private physician provided a statement in support of the claim. He explained that over the course of the Veteran's nearly four decades of military service, he was responsible for carrying gear on his back while running, and performing other military activities. The private physician determined that such activities led to severe osteoarthritis of the bilateral hips. Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's current bilateral hip disability was incurred during or otherwise related to his active service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for right hip and left hip disability is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Miller, 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.