Citation Nr: 21010975 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 09-27 627 DATE: February 26, 2021 REMANDED Entitlement to service connection for a left hip disability, to include as secondary to service-connected disabilities, is remanded. Entitlement to service connection for a left foot disability, to include as secondary to service-connected disabilities, is remanded. Entitlement to service connection for a left knee disability, to include as secondary to service-connected disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1979 to October 1982. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a September 2008 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). These matters were previously remanded by the Board in December 2012 and January 2018 for further development. This matter is currently before the Board on remand from the United States Court of Appeals for Veterans Claims (Court). In September 2020, the parties filed a Joint Motion for Partial Remand (JMPR) to vacate and remand that portion of a May 2019 Board decision that denied the issues currently on appeal. In September 2020, the Court issued an Order granting the JMPR and remanding the appeal for action consistent with the JMPR. 1. Entitlement to service connection for a left hip disability, to include as secondary to service-connected disabilities, is remanded. 2. Entitlement to service connection for a left foot disability, to include as secondary to service-connected disabilities, is remanded. 3. Entitlement to service connection for a left knee disability, to include as secondary to service-connected disabilities, is remanded. The Veteran claims that he has a current left hip, left foot, and left knee disability which is related to a service-connected back disability. The Veteran underwent a VA examination in February 2018 in connection with this claim. In accordance with the JMPR, the opinion of the February 2018 VA examiner is internally inconsistent as the examiner opined that it was less likely than not that the Veteran’s left hip, left knee, and left foot disabilities were less likely than not related to service or aggravated by a service-connected disability, yet also stated that the Veteran’s sciatica “may aggravate” his hip, knee, and foot. As the opinion is internally inconsistent, a new opinion is necessary before the Veteran’s claims can be adjudicated. Additionally, the JMPR noted that in the January 2018 Board remand, the RO was directed to obtain an opinion regarding whether the Veteran’s left hip, left foot, and left knee disabilities were aggravated by any of the Veteran’s service-connected disabilities. The Veteran is currently service connected for a low back disability, bilateral lower extremity radiculopathy, residuals of a right foot fracture, a skin rash, residuals of a jaw fracture, and a residual surgical scar on the Veteran’s right foot. Therefore, on remand, the RO should obtain an opinion from a qualified clinician as to whether the Veteran’s left hip, left foot, and left knee disabilities are related to his service or are aggravated by the Veteran’s service-connected low back disability, bilateral lower extremity radiculopathy, residuals of a right foot fracture, a skin rash, residuals of a jaw fracture, and a residual surgical scar on the Veteran’s right foot. The matters are REMANDED for the following action: Obtain an opinion from an appropriate clinician as to the nature and etiology of the Veteran’s left hip, left foot, and left knee disabilities. If a VA examination is deemed necessary for such an opinion, schedule such an examination. The examiner should opine whether the Veteran’s left hip, left foot, and left knee disabilities are at least as likely as not proximately due to, or aggravated beyond their natural progression by, the Veteran’s service-connected low back disability, bilateral lower extremity radiculopathy, residuals of a right foot fracture, a skin rash, residuals of a jaw fracture, or residual surgical scar on the Veteran’s right foot. A thorough opinion addressing each of the Veteran’s service-connected disabilities is requested. J. B. FREEMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Boal, 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.