Citation Nr: 21015648 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 16-53 524 DATE: March 18, 2021 REMANDED Entitlement to service connection for left hip degenerative arthritis, to include as secondary to the Veteran's service-connected myospasm of lumbar spine disability is remanded. Entitlement to an increased rating evaluation in excess of 0 percent disabling for service-connected arthritis of toes, right foot disability is remanded. Entitlement to a total disability rating due to individual unemployability is remanded. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from August 1980 to October 1989. This matter comes before the Board of Veterans’ Appeals (Board) from a July 2014 rating decision (RD) issued by a Department of Veterans Affairs (VA) Regional Office (RO). A hearing was held in December 2019 before the undersigned Veterans Law Judge. A transcript of that hearing is of record. REASONS FOR REMAND 1. Entitlement to service connection for left hip degenerative arthritis, to include as secondary to the Veteran's service-connected myospasm of lumbar spine disability is remanded. Upon remand, the Veteran was afforded a June 2020 VA medical opinion addressing the nature and etiology of his claimed for left hip degenerative arthritis condition. In addressing the Veteran’s in-service reports of left hip pain, the June 2020 VA medical examiner opined that the only plausible relationship, if there is one, is referred pain more likely than not due to a back condition. The VA examiner concluded that the aforesaid relationship is outside the scope of the examination. In addressing secondary service connection, the VA examiner did not address the aforesaid relationship between the Veteran’s left hip and back, and therefore the Board finds the medical opinion to be inadequate, especially as the Veteran’s back/lumbar spine is service-connected. See Barr v. Nicholson, 21 Vet. App. 303 (2007). Accordingly, the Board finds that an addendum medical opinion must be obtained addressing the Veteran’s secondary service connection theory of entitlement in the context of the June 2020 VA medical examiner’s aforesaid statements. 2. Entitlement to an increased rating evaluation in excess of 0 percent disabling for service-connected arthritis of toes, right foot disability is remanded. 3. Entitlement to a total disability rating due to individual unemployability is remanded. Upon remand, the Veteran was afforded an October 2020 VA examination to assess the current severity level of his service-connected arthritis of toes, right foot disability. Upon review, the Board finds of import that the Veteran was diagnosed with bilateral hammer toes, bilateral hallux valgus, and bilateral pes planus, and the VA examiner opined that these conditions are more than likely not related to his service-connected 1st MTP joint arthritis; however, no rationale was provided in support of that statement. Therefore, unfortunately, another remand is required to resolve the aforesaid deficiencies with the October 2020 VA examiner’s medical opinion. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). While the Veteran does not currently meet schedular for a TDIU, his service connection and increased rating claims could substantially impact the outcome of his TDIU claim, and therefore the Board will defer deciding the issue pending the additional development herein requested on his service connection and increased rating claims. See Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Associate with the Veteran’s claim file any outstanding VA treatment records since October 2020. 2. Obtain an addendum medical opinion for the Veteran’s claim for service connection for a left hip condition from the June 2020 VA examiner (if unavailable, obtain an opinion from a similarly qualified examiner). Upon review of the record, especially the June 2020 VA medical opinion, the VA examiner is requested to opine as to the following: Is it at least as likely as not (50 percent probability or greater) that the Veteran has a currently diagnosed left hip condition that is proximately due to and/or aggravated beyond its natural progression by his service-connected back disability? 2. Obtain an addendum medical opinion for the Veteran’s right foot increased rating claim from the October 2020 VA examiner (if unavailable, obtain an opinion from a similarly qualified examiner). Upon review of the record, especially the October 2020 VA examination report, the VA examiner is requested to opine as to the following: Is it at least as likely as not (50 percent probability or greater) that the Veteran’s currently diagnosed bilateral hammer toes, bilateral hallux valgus, and bilateral pes planus conditions are directly related to and/or aggravated beyond their natural progression by the Veteran’s service-connected right foot arthritis of the toes? A rationale for the opinion should be provided. K. J. ALIBRANDO 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.