Citation Nr: 21041109 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 17-22 213A DATE: July 8, 2021 REMANDED Entitlement to an evaluation in excess of 20 percent for service-connected left hip disability is remanded. Entitlement to an evaluation in excess of 20 percent for service-connected right hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1994 to July 1999. This matter comes before the Board of Veterans' Appeals (Board) from an April 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). A hearing was held in this matter via videoconference before the undersigned Veterans Law Judge (VLJ) in June 2020, a transcript of which is associated with the file. Entitlement to an evaluation in excess of 20 percent for service-connected left and right hip disabilities is remanded. The Board notes that the Veteran testified during a June 2020 hearing before the undersigned VLJ that his bilateral hip conditions have worsened during the appeal period. A review of the record reflects that the most recent VA examination concerning the Veteran's claimed conditions occurred in December 2017. As there is evidence of a worsening of the disabilities the claim must be remanded for an examination to determine the current severity of the disability. Additionally, the record indicates that the Veteran receives treatment from a private provider for his bilateral hip conditions, however, no private treatment records have been associated with the file. As the aforementioned records may contain information pertinent to the Veteran's claim, the Board finds that remand is also warranted to obtain these records. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for his private treatment provider as referenced in the June 2020 hearing transcript, as well as any other relevant outstanding private treatment records. Make two requests for the authorized records from any facility so identified, unless it is clear after the first request that a second request would be futile. 2. Then, afford the Veteran a VA examination regarding the severity of his bilateral hip disabilities. The RO should ensure the examiner provides all information required for rating purposes, to specifically include both active and passive range of motion testing, as well as weight-bearing and non-weight-bearing range of motion assessments. In addition, the examiner must consider and discuss all procurable and assembled data such as the frequency, duration, characteristics, precipitating and alleviating factors, and the severity of the flare-ups, and then provide an assessment of the functional loss during flare-ups and with repeated use over a period of time, if possible in degrees of motion lost. If the examiner is unable to provide such assessment without resorting to mere speculation, he or she must explain why the procurable and assembled data does not permit him or her to offer an estimation of the Veteran's functional loss. Further, if it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment 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). T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Gorum, 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.