Citation Nr: 21026646 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 12-24 213 DATE: May 3, 2021 REMANDED Entitlement to an evaluation in excess of 10 percent for right hip trochanteric bursitis, lower extremity is remanded. Entitlement to an initial compensable evaluation for right hip trochanteric bursitis with limited flexion is remanded. Entitlement to an evaluation in excess of 10 percent for left hip trochanteric bursitis, lower extremity is remanded. Entitlement to an initial compensable evaluation for left hip trochanteric bursitis with limited flexion is remanded. REASONS FOR REMAND The Veteran served on active duty from October 2005 to February 2007 and had a verified period of active duty for training from June 1990 to October 1990. This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2017, a hearing was held before the undersigned. A transcript of the hearing is of record. The case was previously before the Board in January 2018 and November 2019 when it was remanded for further development. The Board, in the November 2019 remand, directed that the Veteran be afforded a VA examination to determine the current severity of her service-connected right and left hip trochanteric bursitis and to comply with the holding in Sharp v. Shulkin, 29 Vet. App. 26, 33 (2017). In Sharp, the United States Court of Appeals for Veterans Claims (Court) held that an examining VA clinician must "obtain information about the severity, frequency, duration, precipitating and alleviating factors, and extent of functional impairment of flares from the Veterans themselves." See Sharp, 29 Vet. App. at 32, 34-35 (citing DeLuca v. Brown, 8 Vet. App. 202 (1995) and Mitchell v. Shinseki, 25 Vet. App. 32, 44 (2011)). The record reflects that in December 2019, the Veteran's VA examination was cancelled as there was no female provider at the facility. It was indicated that the exam request should be sent to the next closest location or contractor. Another Exam Scheduling Request was issued in January 2020, which included an address for the Veteran. In a Report of General Information dated in January 2020, it was noted that the Veteran was called, and a current mailing address was provided, which was different from the address listed on the January 2020 Exam Scheduling Request. Later that same month, documentation was added to the claims file which indicates that the Veteran failed to show for her scheduled VA examination. A review of the record is silent for an attempt to send notification of the Veteran's scheduled examination to the new address. As such, the Board will afford the Veteran the benefit of the doubt and find good cause to reschedule the VA examination. In addition, updated VA treatment records should be obtained on remand. The matters are REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records for the period from August 2020 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected right and left hip trochanteric bursitis. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. The Veteran's lay statements must be considered, including a January 2010 VA examination report which noted that the Veteran complained of flare-ups which were severe and occurred every three to four months lasting two hours a day; a May 2012 VA physical therapy record which noted that the Veteran complained of bilateral hip pain which was exacerbated by walking; a September 2013 VA treatment record which noted that the Veteran complained of worsening hip pain which was worse with weight bearing and walking; and a January 2017 VA treatment record which indicated that the Veteran's bursitis of the hip was "flaring" and was worse with activity. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). M. SORISIO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Bonnie Yoon, 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.