Citation Nr: 21040347
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 16-08 582
 DATE:  

REMANDED

Entitlement to service connection for a left hip condition, to include as secondary to service-connected disability is remanded.

REASONS FOR REMAND

The Veteran served in the United States Navy from November 1983 to November 2003.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran requested a personal hearing before a member of the Board in his February 2016 formal appeal (VA Form 9). The Veteran was scheduled for his requested hearing on April 25, 2019. However, the Veteran did not appear at a hearing before the Board. As such, the request for a Board hearing is deemed withdrawn. 38 C.F.R. § 20.704 (d) (2020).

Entitlement to service connection for a left hip condition, to include as secondary to service-connected disability is remanded.

The Veteran is diagnosed with left hip osteoarthritis. He essentially asserts that his hip disability is due to wear and tear during service. Alternatively, he asserts that his left hip disability is secondary to his service-connected disabilities, to include his right hip, bilateral knee, and bilateral pes planus disabilities.

With regard to the Veteran's theory of secondary service connection, the RO obtained a VA opinion in January 2016. The examiner stated that "patellofemoral syndrome bilaterally would not be expected to cause asymmetrical wear in either hip." However, the examiner did not explicitly opine as to whether it was at least as likely as not that the Veteran's left hip osteoarthritis was caused or aggravated by his bilateral knee disability. Consequently, the opinion is inadequate. See El-Amin v. Shinseki, 26 Vet. App. 136, 14041 (2013).

Moreover, subsequent to the January 2016 opinion, the RO granted service connection for right hip osteoarthritis. And in the Veteran's February 2016 VA Form 9, he asserted that his left hip disability was secondary to his right hip and bilateral pes planus disabilities. Consequently, an addendum opinion must also address whether the Veteran's left hip disability is caused or aggravated by his service-connected right hip and pes planus disabilities. 

The matter is REMANDED for the following action:

1. Arrange for an appropriate health care provider to review the Veteran's claims file and provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's left hip disability is (A) caused or (B) aggravated by the service-connected bilateral knee, right hip, or bilateral pes planus disabilities, to include altered gait and/or body mechanics resulting from such. 

If the reviewing health care provider finds that physical examination or telehealth interview of the Veteran and/or diagnostic testing is necessary, such should be accomplished.

If an opinion cannot be given without resorting to speculation, the examiner should explain why and 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), the record (additional facts are required), or the examiner (does not have the knowledge or training).

2. Then, readjudicate the claim. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the claim to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Roya Bahrami, 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.