Citation Nr: 21031050 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 16-33 051 DATE: May 20, 2021 ORDER Entitlement to service connection for right hip pain as an undiagnosed illness is granted. FINDING OF FACT The Veteran has provided objective evidence of right hip pain without a clear underlying diagnosis, which began during his active duty service, and his relevant symptomatology has manifested to a compensable degree of at least 10 percent. CONCLUSION OF LAW The criteria for service connection for right hip pain are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.317. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had service in the Air Force National Guard of New Mexico, with periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) from May 1979 to January 2018. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for a right hip condition The Veteran seeks service connection for a right hip condition, to include as secondary to his service-connected right ankle disability. Service connection may be granted for a Persian Gulf veteran with objective indications of a qualifying chronic disability that manifested either during active service in the Southwest Asia theater of operations or to a degree of 10 percent or more not later than December 31, 2021. 38 U.S.C. § 1117(a)(1); 38 C.F.R. § 3.317(a)(1). A qualifying chronic disability is a chronic disability that may result from an undiagnosed illness or a medically unexplained chronic multisymptom illness (MUCMI). 38 C.F.R. § 3.317(a)(2)(i). An undiagnosed illness requires that the illness, by history, physical examination, and laboratory tests, cannot be attributed to any known clinical diagnosis. 38 C.F.R. § 3.317(a)(4). There is no burden on a veteran to demonstrate that a medical professional has eliminated all possible diagnoses before the veteran can be compensated for a disability stemming from an undiagnosed illness. Joyner v. McDonald, 766 F.3d 1393, 1395 (Fed. Cir. 2014). Here, the Veteran had active service in Iraq from October 2007 to February 2008. Therefore, he is considered a Persian Gulf veteran. 38 C.F.R. § 3.317(e). Service treatment records reflect intermittent joint pain complaints. In a February 2008 post-deployment questionnaire, the Veteran reported swollen, stiff, or painful joints, but did not specify which joints. In July 2013, the Veteran reported pain in the arms, legs, or joints (knees and hips). In an October 2015 health assessment, the Veteran reported hip pain which he believed was the result of an altered gait from a heel injury while deployed in 2012. The Veteran was afforded a VA examination in December 2015. The Veteran reported that he injured his right heel jumping from a truck in Afghanistan. He reported that the heel pain resolved, but that he still experienced right hip discomfort. The examiner diagnosed right hip strain associated with running. The Veteran was afforded a VA examination in August 2016. The Veteran reported that his right hip started to hurt at about the end of 2014. He reported the hip pain is aggravated if he does physical work. The examiner diagnosed right hip pain. The examiner opined that he was unable to connect the right hip with the right foot condition due to lack of any recorded evidence as well as no timely report of a problem related to active duty. The examiner further noted that the Veteran is overweight, which can lead to or exacerbate degeneration and pain in weight-bearing joints. The Veteran was afforded a VA examination in October 2019. The Veteran reported nagging soreness in the right hip. He noted a history of ankle pain that was resolved, but ongoing nagging pain in the right hip. Imaging studies of the right hip revealed no acute fracture or significant degenerative changes. The examiner assessed right hip pain. In this case, there is objective evidence of painful of motion of the right hip. However, the VA examiners could not attribute the signs and symptoms to a recognized pathology (disease or injury). While hip strain was noted at the December 2015 VA examination, the October 2019 imaging study was negative. Further, the August 2016 and October 2019 VA examination reports assessed only hip pain. Accordingly, the Board cannot determine a definitive diagnosis associated with his complaint. The Veteran's signs and symptoms have existed from at least 2014 to the present, if not since the Veteran's deployment. Thus, they are considered chronic under the regulatory definition. Moreover, the signs and symptoms have manifested to a degree of 10 percent or more because there has been objective evidence of painful motion. Accordingly, the minimum compensable rating is warranted. (Continued on next page) As there is no affirmative evidence to the contrary, see 38 C.F.R. § 3.317(a)(7)(i)-(iii), the Veteran's signs and symptoms are considered an undiagnosed illness and presumptive service connection is warranted. Stephanie M. Owen Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Lauritzen, Associate 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.