Citation Nr: 21024921
Decision Date: 04/26/21	Archive Date: 04/26/21

DOCKET NO. 15-22 942
DATE: April 26, 2021

REMANDED

Entitlement to service-connection for right hip condition, diagnosed as anterior labral tear, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1972 to November 1974.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal of a November 2012 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). A hearing was held before the undersigned in April 2019. The Board previously remanded the claim for additional development in August 2019 and again in March 2020. Unfortunately, another remand is necessary in this case. 

In December 2019, a VA medical examiner opined that the Veteran’s current right hip disability, diagnosed as an anterior labral tear, has been aggravated by the Veteran’s multiple service-connected lower extremity disabilities. However, the examiner did not provide a baseline level of severity against which the Veteran’s current disability could be compared, making the opinion inadequate. Therefore, the right hip issue was remanded in March 2020 to obtain an addendum opinion that specifically opined as to the Veteran’s baseline severity of his hip disability, prior to the aggravation by the service-connected disabilities. However, in the subsequent October 2020 medical opinion, the VA examiner did not opine as to the aggravation baseline and instead authored an entirely new opinion entirely denying service connection on any basis. This opinion was in substantial noncompliance with the prior remand directives, which specifically requested an opinion only as to baseline aggravation. Therefore, the Board must once again remand to obtain a baseline aggravation opinion. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (remand by Board confers upon claimant, as a matter of law, the right to compliance with remand order).

The matter is REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician to establish the baseline disability associated with the Veteran’s right hip condition prior to aggravation by his service-connected left leg, left foot, and right knee disabilities.  If the examiner determines that an additional examination is necessary, schedule an examination. 

The examiner is advised that aggravation of the right hip disability by the service-connected lower extremity disabilities (foot, leg and knee) has been established, and the Board requests that the examiner only assess the baseline severity of the Veteran’s right hip disability prior to the aggravation by the service-connected foot, leg and knee disabilities.  This baseline can be established based on both the competent medical and lay evidence of record.

(Continued on the next page)

 

If the examiner is unable to determine the baseline disability, he/she must fully explain why he/she is unable to do so.  If such an explanation is necessary, the examiner must address the facts of the Veteran’s particular situation.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Narnor, Harriyah

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.