Citation Nr: 21011631
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 14-44 024
DATE: March 2, 2021

REMANDED

Entitlement to service connection for right hip bursitis and arthritis (hereinafter right hip disability) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from October 1993 to November 1993, and in the United States Army from January 2003 to July 2003. 

At an April 2019 videoconference hearing, the Veteran testified before the undersigned Veterans Law Judge.  A transcript of the hearing has been associated with the claims file. 

This case was previously before the Board in July 2019, at which time it was remanded for additional development.  That development having been completed; this claim is once again before the Board.  It is noted that the claims for service connection for bilateral knee and left foot disabilities were previously before the Board as well, but were recently granted in full in September 2020 and October 2020 rating decisions by the RO.  As these claims have been resolved, they are no longer before the Board and shall not be discussed further.

With respect to the right hip, the record shows a diagnosis of bursitis in service.  Current diagnoses within the appeal period include bursitis, arthritis and strain.  VA examiners in 2012 and 2019, appear to base their conclusion that current disability is unrelated to service on the premise that the Veteran’s in-service complaints resolved by June 2003.  Although the service records show the complaints were considered to be resolving in June 2003, they were still present at the time. As such, these opinions appear to be based on an inaccurate history.  In addition, the most recent medical opinion addressing the service connection question, appears only to address the Veteran’s current strain; and omits discussion of the findings concerning arthritis or bursitis.  In view of these shortcomings in the opinions that have been obtained, another medical opinion should be sought.  

This  matter is remanded for the following.  

1.  Ask the Veteran to identify any additional records of treatment he wants considered in connection with this appeal, which records should be sought.  

2. After obtaining any additional records as may be indicated by the Veteran, refer the claims file to an appropriate person for an opinion that addresses whether any right hip disorder diagnosed during the appeal period, (including strain, bursitis and arthritis) is due to an in-service disease or injury, or is otherwise related to the in-service hip complaints. Given the content of previous opinions, it should be noted the Veteran continued to have a tender right hip in June 2003.  

If it is necessary to examine the Veteran to obtain the requested opinion, that should be arranged.  

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A thorough rationale should be provided for the opinion expressed.  

3. Thereafter, re-adjudicate the claim.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Dodd, Ryan

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.