Citation Nr: 21021461 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 17-17 216A DATE: April 13, 2021 REMANDED Entitlement to service connection for osteoarthritis of the right hip (claimed as right hip condition), to include as secondary to a service-connected back disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from March 1953 through December 1954, including service in Korea. This matter comes before the Board of Veterans' Appeals (Board) from a November 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran died in October 2020. The appellant is the Veteran's surviving spouse, who has been accepted as the Veteran's substitute for purposes of processing his appeal to completion. See 38 U.S.C. § 5121A (2012); 38 C.F.R. § 3.1010. In a May 2019 decision, the Board denied service connection for a right hip disability, to include osteoarthritis. The Veteran appealed the May 2019 decision to the United States Court of Appeals for Veterans Claims (Court). In an October 2020 joint motion to the Court, the parties (the Veteran and the Secretary of VA) requested that the Board decision be vacated, and the issue above be remanded. In an October 2020 Court order, the joint motion was granted, the Board's May 2019 decision was vacated as to the issues of service connection for a right hip disability, to include osteoarthritis, and the issues were remanded. The case has subsequently returned to the Board. 1. Service Connection for a Right Hip Disability is Remanded. A review of the record reveals that a remand is necessary for the Board to make a fully informed decision. Specifically, as addressed in the JMR, a March 2017 VA examination to determine the etiology of the right hip disability was inadequate. Specifically, the VA examiner failed to adequately address any potential link between the Veteran’s service-connected back disability and the right hip osteoarthritis. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). Given these deficiencies in the record a remand is necessary. The matters are REMANDED for the following action: 1. Obtain an addendum medical opinion to determine the nature and etiology of the Veteran’s right hip disability to include osteoarthritis. The VA examiner should note the records review in the examination report. The VA examiner should offer the following opinion: a) Is it at least as likely as not (50 percent or greater probability) that the Veteran's right hip disability, to include osteoarthritis, had its onset in service or is otherwise related to his active service, or manifest to a compensable degree within one year of separation from service? b) Is it at least as likely as not (50 percent probability or greater) that the Veteran’s right hip disability, to include osteoarthritis was caused by any of the Veteran's service-connected disabilities, to include the service-connected back disability and service-connected right lower extremity radiculopathy. c) If not caused by the service-connected disabilities, is it at least as likely as not (50 percent probability or greater) that the right hip disability, to include osteoarthritis was aggravated (worsened in severity beyond the natural progression of the disease) by any of the service-connected disabilities, to include the service-connected back disability and service-connected right lower extremity radiculopathy? If the VA examiner opines that the right hip disability, to include osteoarthritis was aggravated by any of the service-connected disabilities, he/she should indicate the degree of disability before aggravation and the current degree of disability. The VA examiner must specifically discuss the Veteran’s reports of in-service hip pain and in-service job duties. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Teague, 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.