Citation Nr: 21005717
Decision Date: 02/02/21	Archive Date: 02/02/21

DOCKET NO. 15-25 431
DATE: February 2, 2021

REMANDED

Entitlement to service connection for a left hip condition, to include as secondary to a service-connected disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the U.S. Army from September 1980 to January 1987. 

He testified before the undersigned Veterans Law Judge at a videoconference hearing in July 2017. 

The appeal was remanded in July 2018 in order to schedule the Veteran for a VA examination; the examination was conducted in March 2019 and opinions were completed.  An additional opinion was completed in April 2019. 

In July 2019, the Board issued a decision denying service connection for a left hip disability; the Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court.)  By a December 2020 Order, pursuant to a joint motion for remand (JMR), the Court vacated the Board’s July 2019 decision and remanded the case for action consistent with the JMR.

1. Entitlement to service connection for a left hip condition.

As part of the JMR, both parties agreed that the March 2019 and April 2019 VA opinions were inadequate because they failed to comply with prior Board remand instructions.  Specifically, the March 2019 opinion did not appropriately address secondary service connection and the April 2019 opinion focused on an incorrect contention (left hip secondary to left knee.)  Further, the opinions did not discuss the Veteran’s lay statements.  Also, the opinions discussed the wrong diagnosis based on his treatment records and the ultimate opinion from the April 2019 opinion was based on possibly incorrect factual basis (date of a motor vehicle accident.)  As such, a remand is necessary to obtain an additional opinion to cure these inadequacies. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate VA clinician addressing etiology of the Veteran’s left hip disability.  The examiner is asked to review the entire claims file and then provide an opinion addressing: 

Whether the Veteran’s left hip disability was caused or aggravated (worsened beyond natural progression) by any service connected disability.  Specifically, the examiner is asked to address the Veteran’s lay statements that he overcompensates for his right knee disability by placing greater weight on his left side, to include his hip. 

If aggravation is found, please identify to the extent possible the baseline level of disability prior to the aggravation and determine what degree of additional impairment is attributable to aggravation of the left hip. 

It is at the examiner’s discretion, whether another examination of the Veteran is necessary. 

The examiner is asked to provide a detailed rationale for all opinions provided.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Price, Associate 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.