Citation Nr: 21024538 Decision Date: 04/23/21 Archive Date: 04/23/21 DOCKET NO. 17-15 493 DATE: April 23, 2021 REMANDED Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a right hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from January 2008 to January 2009 and from July 2010 to September 2011. He had additional service in the Army National Guard. The Veteran appeals the denial of service connection for a right hip and right shoulder disability. The record shows that the Veteran had service in the Persian Gulf. He argues that his hip and shoulder problems started during his deployment. He reports that he was told that the cause of his problems was from wearing his vest and gear going down bumpy roads, and favoring the right side. The Veteran’s recollection of a physician opinion holds some probative value. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007) (a lay person is competent to report a contemporaneous medical diagnosis). In May 2016, an etiology opinion was obtained. The VA examiner opined that it was less likely than not that the right shoulder and/or right hip tendonitis is related to a specific exposure event experienced by the Veteran during service in Southwest Asia. The Board notes, however, that the VA examiner did not address whether the disabilities were otherwise related to the Veteran’s service. On remand, an opinion should be obtained to address whether the Veteran’s right hip and/or right shoulder disabilities are directly related to service. On remand, any outstanding service and post service VA treatment records should be obtained and associated with the file. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA treatment records to include any records from the Oklahoma, Arkansas, and Texas VAMCs. 2. The AOJ must verify all periods of service to include activations and/or deployments. Thereafter, contact the appropriate service department and attempt to obtain all outstanding service personnel and treatment records for the Veteran’s service to include the Iowa National Guard. All attempts to procure such records must be documented in the file. If no records are available, a negative response must be included in the record. 3. Schedule the Veteran for a VA examination to determine the nature and etiology of his right shoulder and right hip disability. The examiner must be provided access to the Veteran's electronic claims file. After review of the record, the examiner is requested to provide an opinion as to whether it is at least as likely as not that any right shoulder and/or right hip disability, that is diagnosed on examination and/or in the record, is related to an in-service injury, event, or disease. In doing so, the examiner must address the Veteran’s claim that his right shoulder and right hip problems were caused by wearing his vest and gear and going down bumpy roads, and favoring the right side during service. The examiner should explain whether there is any medical reason to accept or reject the Veteran’s belief that his symptoms of recurrent right shoulder and right hip pain since service represented the onset of a chronic disability. The examiner is reminded that the absence of treatment, alone, is not a sufficient basis to find that a chronic right hip and/or right shoulder disability has not existed since service. The VA examiner should provide a complete rationale for any opinions provided. The examiner must reconcile any opinion with the service treatment and personnel records, any post-service diagnoses, lay statements and testimony of the Veteran. If he or she rejects the lay evidence, an explanation must be provided, and the examiner should note that the mere passage of time without treatment is not a sufficient basis for finding that no relationship between a current disability and service exists. 4. Upon completion of the above, and any additional development deemed appropriate, the AOJ should readjudicate the remanded issue(s). If any benefit sought on appeal remains denied, the Veteran should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response, the appeal must be returned to the Board for appellate review. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T.S. Willie 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.