Citation Nr: 21028446 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 15-13 320 DATE: May 11, 2021 REMANDED Entitlement to service connection for a bilateral hip disability is remanded. Entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1975 to December 1979 and February 2002 to September 2002, with additional reserve service. This matter comes before the Board of Veterans' Appeals (Board) from a January 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In December 2015, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. The Board remanded these matters in June 2018 and November 2019 for additional evidentiary development. A June 2020 rating decision granted service connection for left and right knee osteoarthritis. As the benefit sought on appeal, service connection for right and left knee disabilities, has been granted, those issues are no longer before the Board. 1. Entitlement to service connection for a bilateral hip disability 2. Entitlement to service connection for a low back disability Regrettably, the Board finds that remand is needed as there has not been substantial compliance with the Board's prior remand instructions. See Stegall v. West, 11 Vet. App. 268 (1998). Following the Board's November 2019 remand, in November 2019 the RO requested the complete service treatment records (STRs) for the Veteran's 2002 period of active duty through the Personnel Information Exchange System (PIES). A November 2020 response indicated that all available STRs were previously uploaded, and in December 2020 the Veteran was informed that the requested records could not be located. However, it does not appear that a memorandum of unavailability was issued for the record, as instructed. Thus, a remand to complete this action is warranted. Further, with respect to the bilateral hip disability, following the prior remand, VA opinions were provided in February 2020 and June 2020. However, the opinions are inadequate to adjudicate the claim as the February 2020 opinion is premised solely on the absence of evidence documenting in-service treatment and it does not address why the Veteran's degenerative osteoarthritis is not a post-traumatic response to physical activities performed during active duty, including running on hard surfaces, as instructed. While a June 2020 VA addendum opinion concluded the bilateral hip osteoarthritis was less likely than not a post-traumatic response to in-service activities, the examiner did not adequately explain the conclusions reached. With respect to the low back disability, VA opinions were provided in February 2020 and June 2020. However, the February 2020 VA examiner did not provide an adequate rationale, and neither the February 2020 or June 2020 examiner addressed why the Veteran's degenerative osteoarthritis of the lumbar spine is not a post-traumatic response to physical activities performed during active duty, including running on hard surfaces, as instructed on remand. Thus, addendum VA opinions addressing the bilateral hips and low back are needed. Updated treatment records should also be requested. The matters are REMANDED for the following actions: 1. Issue a memorandum of unavailability for any missing service treatment records for the Veteran's February 2002 to September 2002 period of active duty and associate such with the record. 2. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed bilateral hip and low back disabilities. After securing any necessary releases, request any relevant records identified that are not duplicates of those associated with the claims file. In addition, obtain updated VA treatment records since June 2020. If any requested records are unavailable, the Veteran should be notified of such. 3. After records development is completed, forward the claims file to a VA examiner to obtain addendum opinions addressing the claimed bilateral hip and low back disabilities. If an examination is deemed necessary to respond to the questions presented, one should be scheduled. After reviewing the claims file, the examiner should respond to the following: (a.) Is it at least as likely as not (50 percent probability or greater) that the current bilateral hip osteoarthritis arose during active duty or is otherwise related to active duty, to include addressing why it is/is not a post-traumatic response to activities during active duty, including running on hard surfaces? Please explain why or why not. (b.) Is it at least as likely as not (50 percent probability or greater) that the Veteran's degenerative arthritis of the lumbar spine arose during active duty or is otherwise related to active duty, to include addressing why the degenerative arthritis of the lumbar spine is/is not a post-traumatic response to activities during service, including running on hard surfaces? The examiner must explain why or why not. The examiner should provide a complete rationale for the opinions and conclusions expressed. 4. If the claims remain denied, issue a supplemental statement of the case, as appropriate. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. C. Birder 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.