Citation Nr: 21021705 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 16-21 320 DATE: April 13, 2021 REMANDED Entitlement to service connection for a right hip disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from January 1984 to January 1992. This case comes before the Board of Veterans’ Appeals (Board) on appeal of a January 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). When this case was last before the Board in April 2020, it was remanded for additional development. The case has now been returned to the Board for further appellate consideration. In his substantive appeal, the Veteran requested a hearing before a Veteran’s Law Judge of the Board. See VA Form 9, Appeal to Board of Veterans’ Appeals, received May 2016. However, in November 2019, the Veteran indicating that he wished to withdraw his hearing request. Under 38 C.F.R. § 20.704 (e), a request for hearing may be withdrawn by an appellant at any time before the hearing. Therefore, the Board finds that the hearing request has been withdrawn, and will proceed with appellate review. Although further delay is regrettable, the Board finds that a remand for an adequate medical opinion is required before the Veteran’s claim can be decided. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). The Veteran was afforded a VA examination in July 2020. The examiner opined the Veteran’s right hip condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. As rationale, the VA examiner explained that the Veteran’s service treatment records were silent concerning a hip injury, treatment or complaints during active duty service, without consideration of the Veteran’s lay statements regarding in service basketball injuries. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). The Board notes that the Veteran’s military personnel records reflect that he is an avid support of squadron sports and a member of the squadron basketball team. On remand, the VA examiner should address the Veteran’s contention that he injured his right hip while playing basketball during active service. The Board notes a private medical opinion was provided in October 2019. The examiner diagnosed the Veteran with degenerative joint disease and opined that it is as likely as not that the hip disorder is directly and causally related to Gulf War Syndrome. Although the Veteran has not specifically argued that his hip disorder is due to his service in Saudi Arabia, because his degenerative joint disease is a clinical diagnosis, it does not fall within the purview of the presumptive provisions of 38 C.F.R. § 3.317. This matter is REMANDED for the following action: 1. Forward the Veteran’s entire claims file to a qualified VA examiner for an opinion regarding the etiology of his claimed right hip disorder. If the examiner determines an additional examination is necessary, such an examination should be scheduled. Following a review of the relevant records and lay statements, and an additional examination, if necessary, the examiner should state whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s current right hip disorder is causally or etiologically related to the Veteran’s military service, including injuries sustained while playing basketball. In providing his or her opinion the examiner should address the following: (a.) The Veteran’s lay statements regarding the onset of his hip injuries (b.) Buddy Statements received January 2015 (c.) Military Personnel Records showing involvement in intramural sports, received February 2021 Relying only on silent service treatment records to support a negative opinion shall be inadequate. Lay evidence of in-service symptoms must be addressed. The examiner must provide a rationale for any proffered opinion. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue of entitlement to service connection for a right hip disorder. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. B. G. LeMoine Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Townsend, 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.