Citation Nr: 21013251 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 14-12 361 DATE: March 9, 2021 REMANDED Entitlement to service connection for a skin condition (claimed as rash) is remanded. Entitlement to service connection for a right hip condition is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1978 to September 1978 and from February 2002 to August 2002. The Veteran also had additional periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) between February 1978 and March 2003. See military personnel records. This matter comes before the Board of Veterans’ Appeals (Board) from an August 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the claims on appeal in March 2018 to obtain VA examinations. The case is now before the Board for further appellate action. 1. Entitlement to service connection for a skin condition (claimed as rash) In response to the Board’s remand, the Veteran was afforded a VA examination in January 2019 in which the examiner stated that his eczema was less likely than not incurred during service as his service treatment records did not reveal a diagnosis of a chronic or recurrent skin condition, nor was there sufficient documented information to be able to establish the existence of a chronic or recurrent skin condition for the several years from the time of military service until the next report of a skin condition in 2011. In so stating, the Board finds that the VA examiner did not address the lay testimony of record as requested, and therefore an addendum opinion must be sought on remand. 2. Entitlement to service connection for a right hip condition In response to the Board’s remand, the Veteran was afforded a VA examination in January 2019 in which the examiner stated that the Veteran’s right hip strain was less likely than not incurred during service as his service treatment records did not reveal a diagnosis of a right hip condition, nor was there sufficient documented information to be able to establish the same in the context of the of 1982 and 1983. The VA examiner added that since service, there was also insufficient evidence to establish a chronological relationship of chronicity between the Veteran’s currently diagnosed right hip condition and the period of military service. Id. In so stating, the Board finds that the VA examiner did not address the lay testimony of record as requested, namely that he has experienced right hip pain ever since service. Additionally, the Board deems the January 2019 VA examination report to be inconsistent with the aforesaid medical opinion, as the report reflects that the VA examiner indicated that the Veteran suffers from a right hip condition stemming from service that never completely resolved. Id. Moreover, the examiner must address whether the right hip condition is caused or aggravated by his service-connected right ankle disability. As such, an addendum opinion must be sought on remand. The matters are REMANDED for the following action: 1. Provide access to the electronic claims file to the January 2019 examiner, or appropriate substitute if this individual is not available, to provide addendum opinions. The electronic claims file must be made available to and reviewed by the examiner. An examination should be performed if deemed necessary by the examiner providing the requested opinion. After a review of the claims file, including the lay statements provided by the Veteran, the examiner should state whether it is at least as likely as not that any of the Veteran’s hip and skin disorders (1) had their onset during a period of active duty service or ACDUTRA, (2) are related to an event, injury or disease incurred during a period of active duty service or ACDUTRA, (3) are related to an injury incurred during a period of active duty service or INACDUTRA, (4) are caused or aggravated by his service-connected right ankle disability. In reaching his or her conclusions, the VA examiner should specifically review and consider the lay statements of the Veteran concerning the onset and recurrence of his symptoms, as well as his reports of chronic ankle laxity or instability. The examiner should also address the service treatment records showing that he suffered injuries when he fell from a telephone pole in September 1982 and when he jumped from a truck in September 1983. If any opinion requested above cannot be rendered without resorting to speculation, the examiner should state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e. no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e. additional facts are required, or the examiner does not have the needed knowledge or training). 2. Upon completion of the addendum opinions ordered above, review the opinions to ensure that they address the questions presented. Any inadequacies should be addressed prior to recertification to the Board. 3. After completing the requested actions, and any additional notification and/or development deemed warranted, the RO should readjudicate the claims on appeal. If any benefit sought on appeal remains denied, the RO must furnish the Veteran and his representative with an appropriate supplemental statement of the case and afford a reasonable opportunity for response. R. M. KELLY Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.R. Fey, 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.