Citation Nr: 21023772 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 16-24 680 DATE: April 21, 2021 REMANDED Entitlement to service connection for left hip condition, to include as secondary to residuals of a thoracic injury with Scheuermann’s disease (low back disability) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from July 1980 to April 1981. This matter is before the Board of Veterans’ Appeal (Board) on appeal from a May 2013 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). The Board previously remanded the appeal in March 2019, and the matter has been returned for appellate consideration. Entitlement to service connection for left hip condition, to include as secondary to residuals of a thoracic injury with Scheuermann’s disease (low back disability) is remanded. The Veteran is seeking service connection for a left hip condition. He contends that his left hip condition is due to his active service and/or proximately due to, the result of, or aggravated by his residuals of a thoracic injury with Scheuermann’s disease (low back disability). In March 2019, the Board remanded the claim for medical opinions addressing the theories of direct and secondary service connection. To that end, the Veteran was afforded an October 2019 VA examination to determine the etiology of the Veteran’s claimed left hip condition. The VA examiner concluded that the Veteran’s left hip condition was less likely not related to his active service, or secondary to his service-connected low back disability. The examiner’s rationale for this conclusion, however, is deficient. In both cases, the VA examiner relied on the lack of evidence diagnosis and treatment during active service. Specifically, the VA examiner’s aggravation opinion fails to provide a discussion of any potential connection, or lack thereof, between the Veteran’s claimed left hip condition and his service-connected low back disability. As such, the Board finds the medical opinion to be inadequate for rating purposes. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). Due to the inadequacy of the October 2019 VA examination report, the Board finds that the examination does not substantially comply with the May 2020 remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding veterans are entitled to compliance with Board remand instructions). Accordingly, the Board finds that an addendum VA medical opinion is necessary to fully comply with the Board’s March 2019 remand directives. Id. The matters are REMANDED for the following action: Obtain an opinion as to whether the Veteran’s left hip disability is related to his active duty service and/or proximately due to, caused by, or aggravated by his service-connected low back disability. Whether an examination is needed prior to rendering this opinion is left to the discretion of the examiner. Regardless of whether an examination is performed, the examiner is to state whether: (1) it is at least as likely as not that the Veteran’s current left hip disability had its onset inservice or was otherwise etiologically related to the Veteran’s active service ; (2) it is at least as likely as not that the Veteran’s left hip disability is proximately due to, caused by, or aggravated by his service-connected low back disability. A complete rationale for all requested opinions must be provided. The examiner may not simply rely on the lack of in-service treatment to form a negative opinion. Instead, the complete record must be reviewed, including the Veteran’s statements regarding the history of his disability. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Higgins, 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.