Citation Nr: A21019192 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 190708-24191 DATE: December 2, 2021 ORDER Entitlement to service connection for left hip pain is denied. Entitlement to service connection for right hip pain is denied. REMANDED Entitlement to service connection for sciatica of the bilateral lower extremities is remanded. FINDINGS OF FACT 1. The preponderance of the evidence of record is against finding that the Veteran has had a disability manifested by left hip pain at any time during or approximate to the pendency of the claim. 2. The preponderance of the evidence of record is against finding that the Veteran has had a disability manifested by right hip pain at any time during or approximate to the pendency of the claim. CONCLUSIONS OF LAW 1. The criteria for service connection for left hip pain are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for right hip pain are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service in the United States Army from July 2008 to November 2008. These matters are on appeal from a February 2018 rating decision. In May 2018, the Veteran filed a notice of disagreement. Subsequently, in June 2019, the Agency of Original Jurisdiction (AOJ) issued a statement of the case. In the July 2019 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Hearing docket and limited his appeal to the issues of entitlement to service connection for left hip pain, right hip pain, and bilateral sciatica of the lower extremities. In March 2021, the Board testified at a Board hearing before the undersigned. A transcript of the proceeding is associated with the record. Therefore, the Board may only consider the evidence of record at the time of the June 2019 statement of the case, as well as any evidence submitted by the Veteran and her representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). 1. Entitlement to service connection for left hip pain. 2. Entitlement to service connection for right hip pain. In March 2021, the Veteran testified that her claimed bilateral hip disabilities were caused by carrying heavy packs during her active service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 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). The question for the Board is whether the Veteran has bilateral hip disabilities that began during service or are at least as likely as not related to an in-service injury, event, or disease. The Board concludes that the Veteran does not have a current diagnoses of bilateral hip disabilities and has not had them at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). In February 2018, the Veteran was afforded a VA hip disabilities examination. The VA examiner indicated that the Veteran did not have bilateral hips disabilities and had not been previously diagnosed with such. The Veteran endorsed pain that radiated from her lower back into her buttocks. Initial range of motions measurements were normal for the bilateral hips. There was no pain with weight-bearing or pain on palpation. The Veteran was able to complete repetitive use testing without additional loss of function or range of motion. She denied flare-ups. The VA examiner concluded that the Veteran was experiencing pain from her lumbar spine disability rather than a hip disability. Her October 2011 hip x-rays were normal. While the Board finds the Veteran's statements regarding bilateral hip pain competent and credible, they are outweighed by the February 2018 VA examination findings. The VA examiner conducted an examination and interviewed the Veteran. She concluded that the Veteran's hip pain was pain that radiated from the Veteran's lower back. The Board notes that range of motion studies and x-rays were normal for the bilateral hips. Consequently, the Board gives more probative weight to the competent medical evidence. The Board finds that the preponderance of the evidence is against the claims of entitlement to service connection for left hip pain and right hip pain. Since the preponderance of the evidence is against the claims, the provisions of 38 U.S.C. § 5107(b), regarding reasonable doubt, are not applicable. The Veteran's claims of entitlement to service connection for left hip pain and right hip pain are denied. REASONS FOR REMAND Entitlement to service connection for sciatica of the bilateral lower extremities is remanded. In February 2018, the Veteran was afforded a VA back examination. The VA examiner indicated that the Veteran did not have radiculopathy. However, in the hip examination portion of the report, the VA examiner indicated that the Veteran had pain that radiated from the lumbar spine into the buttock. The examination reports appear to be in conflict regarding whether the Veteran has radiculopathy. The Board finds that the February 2018 VA examination is inadequate. This constitutes a pre-decisional duty to assist error. A remand is required to afford the Veteran an adequate VA examination to determine the nature and etiology of her sciatica of the bilateral lower extremities. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination for her sciatica of the bilateral lower extremities. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: a. Does the Veteran have, or has she had at any time since September 2017, sciatica of either or both lower extremities? b. If the Veteran currently has, or has had at any time since September 2017, sciatica of either or both lower extremities, is the sciatica at least as likely as not related to service? c. If the Veteran currently has, or has had at any time since September 2017, sciatica of either or both lower extremities, is the sciatica either due to or aggravated by her service connected low back and/or left knee disability? Provide a rationale to support the opinion. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R.R. Watkins, 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.