Citation Nr: 21025481 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 17-47 756 DATE: April 28, 2021 REMANDED Entitlement to service connection for a left hip disorder is remanded. Entitlement to service connection for a right hip disorder is remanded. REASONS FOR REMAND The appellant served on active duty from July 1982 to October 1982. The appellant served in the United States Army Reserves with evidence if active duty for training from May 29, 2007 through June 1, 2007. This case is before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 Regional Office (RO) rating decision. In that rating decision, the RO denied entitlement to service connection for right hip disorder and continued the denial of service connection for left hip disorder. The appellant’s notice of disagreement (NOD) was received in October 2015. The RO issued a statement of the case (SOC) for the left hip in July 2017. The appellant’s VA Form 9, substantive appeal to the Board, was received in September 2017. The RO issued a statement of the case (SOC) for the right hip in February 2018. The appellant’s VA Form 9, substantive appeal to the Board, was received in March 2018. In March 2021, the appellant testified at a virtual Board hearing before the undersigned Veterans Law Judge. A transcript of the testimony is associated with the claims file. In July 2013, the RO denied service connection for a left hip disorder. Although the appellant did not appeal this decision, the RO received relevant official service department records that existed and had not been associated with the claims file at the time of the July 2013 rating decision, a copy of the orders for annual training from May 29, 2007 through June 1, 2007, which rendered it non-final.  38 C.F.R. § 3.156(b).  As such, new and material/relevant evidence is not required for the service connection claim for a left hip disorder in this case.  The appellant contends that she injured her hips during a motor vehicle accident while traveling from active duty for training on June 1, 2007. The medical evidence documents that she sought treatment at a private hospital at 8:00 am on June 1, 2007 after a motor vehicle accident that occurred on the same day. She arrived at the hospital by emergency medical services. See June 2007 private treatment record. The appellant’s reserve personnel records document that the appellant was in the United States Army Reserves when she was ordered to attend annual training from May 29, 2007 through June 1, 2007. See April 2007 Order to Annual Training. The evidence of record shows that the appellant was on authorized travel from active duty for training when the accident occurred on June 1, 2007. Service connection may be granted for a disability resulting from disease or injury incurred or aggravated while performing active duty for training (ACDUTRA), or from injury incurred or aggravated while performing inactive duty for training (INACDUTRA). 38 U.S.C. §§ 101(24), 106, 1131. Active service also includes authorized travel directly to or from such duty or service. 38 U.S.C. § 106(d); 38 C.F.R. § 3.6(e). The medical evidence shows that the appellant has current diagnoses of greater trochanteric bursitis and degenerative joint disease of the left hip. The appellant asserts that she has experienced recurrent left hip since the motor vehicle accident in June 2007. She also asserts that her right hip gives way from stress that she has placed on her right hip due to her left hip pain. The appellant has not been provided with a VA examination. Thus, a remand is necessary to obtain a VA examination and medical opinion regarding whether the appellant’s bilateral hip disorder is related to the June 2007 motor vehicle accident during ACDUTRA and, depending on the previous answer, whether any right hip disorder is secondary to her left hip disorder. The matters are REMANDED for the following action: Arrange for the appellant to undergo a VA examination with respect to the appellant’s service connection claim for right and left hip disorders. The electronic claims file, including a copy of this REMAND, must be made available to the examiner, and the opinion should reflect that the claims file was reviewed in conjunction with the examination. All indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished and documented in the claims file. The examiner is requested to review all pertinent records associated with the claims file and offer an opinion as to the following: (a.) whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the appellant’s: trochanteric bursitis and degenerative joint disease of the left hip and/or any other left or right hip disorder found on examination or documented in in the medical record is caused by or related to the motor vehicle accident that occurred on June 1, 2007 during active duty for training while in the United States Army Reserves. In addressing the above, the examiner must consider and discuss all pertinent medical evidence (including the June 2007 private hospital treatment records and reserve treatment records dated in October 2007, March 2008, October 2008, and December 2008) and all lay assertions, to include any assertions as to onset and continuity of symptoms. If lay assertions in any regard are discounted, the examiner should clearly so state, and explain why. The examiner also may not dismiss the appellant’s complaints of post-service symptoms solely because they are not documented in medical treatment records. (b.) With respect to any right hip disorder, if the answer above is positive for a left hip disorder and negative for the right hip disorder, then the examiner must opine whether any current right hip disorder found on examination or documented in the claims file is at least as likely as not (1) caused by or (2) aggravated (i.e., worsened) by the left hip disorder. If aggravation is found, the examiner should attempt to quantify the degree of additional disability resulting from the aggravation. The examiner must provide an explanation for all conclusions reached. L. B. CRYAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Berry, 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.