Citation Nr: 21032332 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 16-48 567 DATE: May 26, 2021 REMANDED Entitlement to service connection for right hip disability is remanded. Entitlement to service connection, to include on a secondary basis, for multiple sclerosis is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1984 to March 1992. These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned in September 2019. The transcript is of record. By way of background, in April 2020, the Board denied, in pertinent part, service connection for the right hip and remanded the service connection for multiple sclerosis. The Veteran appealed the right hip denial in the April 2020 Board decision to the U.S. Court of Appeals for Veterans Claims (Court). In February 2021, the Court issued a Joint Motion for Partial Remand (JMPR) and vacated and remanded the Board decision regarding the claim of entitlement to service connection for right hip disability. The requested development for multiple sclerosis has also been completed. As such, these claims have now been returned to the Board for further action. Entitlement to service connection for right hip disability is remanded. In the February 2021 JMPR, the Court found the August 2016 VA opinion was inadequate as the examiner did not address the Veteran's reports in his January 2016 notice of disagreement of right hip pain as a result of his in-service "77 jumps" as a paratrooper. See January 2016 NOD and February 2021 CAVC Decision. A review of the November 2015 VA opinion also does not show the examiner considered the Veteran's in-service paratrooper duties. See November 2015 C&P Exam. As such, a remand is warranted to obtain a VA opinion that considers the Veteran's contention, to include his paratrooper jumps and reports of having right hip pain dating back to 1987 or 1988 while serving in the Army. See December 2020 CAPRI and February 2021 CAVC Decision. Entitlement to service connection, to include on a secondary basis, for multiple sclerosis is remanded. The Veteran, through his representative, contended that his multiple sclerosis is associated with his service-connected posttraumatic stress disorder (PTSD) with traumatic brain injury (TBI) and referenced studies that relate his multiple sclerosis to these conditions. See May 2021 Appellate Brief. A remand is warranted to obtain a VA opinion that addresses whether the Veteran's diagnosed multiple sclerosis is related to his service-connected PTSD with TBI. The Board acknowledges that in November 2019, the Veteran submitted a private opinion in support of the claims. See November 2019 Medical Treatment Record Government Facility. After a review of the Veteran's medical history, the medical provider opined that the Veteran's multiple sclerosis and right hip disability were at least as likely related to his military service or exposure. The Board notes however that a rationale was not provided in support of the opinion. As such, the November 2019 private opinion is of low probative value and is inadequate to support a grant of entitlement to service connection of the claims. The matters are REMANDED for the following action: 1. Obtain an addendum opinion by a medical professional regarding the nature and etiology of the Veteran's claim for multiple sclerosis. The claims file should be made available to the examiner for review. Following review of the Veteran's claims file and this Remand in connection with the examination, the examiner is then requested to respond to the following: (a.) Opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's multiple sclerosis is caused by his service-connected PTSD with TBI. (b.) Opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's multiple sclerosis is aggravated by his service-connected PTSD with TBI. For the purposes of secondary service connection, the examiner is advised that aggravation is defined as "any increase in disability." A complete rationale for any opinion expressed should be provided. If an opinion cannot be provided without resort to speculation, the examiner should state why an opinion cannot be provided, and whether the inability to provide a definitive opinion is due to a need for further information or because the limits of medical knowledge have been exhausted regarding the etiology of the disability at issue or because of some other reason. A VA examination must be conducted only if the RO or examiner deems it necessary to provide the opinion. 2. Obtain an addendum opinion by a medical professional regarding the nature and etiology of the Veteran's right hip disability. The claims file should be made available to the examiner for review. Following review of the Veteran's claims file and this Remand in connection with the examination, the examiner must opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's right hip disability is related to an in-service injury, event, or disease, to include his reports of 77 jumps as a paratrooper. A complete rationale for any opinion expressed should be provided. If an opinion cannot be provided without resort to speculation, the examiner should state why an opinion cannot be provided, and whether the inability to provide a definitive opinion is due to a need for further information or because the limits of medical knowledge have been exhausted regarding the etiology of the disability at issue or because of some other reason. A VA examination must be conducted only if the RO or examiner deems it necessary to provide the opinion. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Cheng, 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.