Citation Nr: 22017516 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 15-14 060 DATE: March 25, 2022 REMANDED Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for a back disability is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1969 to April 1971. This matter is before the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision by the Nashville, Tennessee, Department of Veterans Affairs (VA) Regional Office. In July 2019, the Veteran testified during a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is associated with the Veteran's claims file. In a December 2019 decision, the Board denied the Veteran's application to reopen the claim for service connection for a low back disability and service connection for a right hip disability. In May 2021, the United States Court of Appeals for Veterans Claims (Court) vacated the Board's denial and remanded the above referenced issues to the Board pursuant to a Memorandum Decision. 1. Entitlement to service connection for a right hip disability is remanded. 2. Entitlement to service connection for a back disability is remanded. The Veteran has asserted his back and hip symptoms have been continuous since his time in service. During service the Veteran was seen with complaints of back pain, and reports of tenderness in the right L5. In December 2013 he was diagnosed with a lumbosacral strain and was found to have right lower extremity radiculopathy. The Veteran was afforded examinations in January 2022. At the back examination the examiner noted the Veteran has undergone no treatment, nor has he taken any medication for his back. The examiner noted the Veteran did not have any pain but did have some weakness. There was no radiculopathy and straight leg raising was negative. The examiner stated the Veteran's lumbosacral strain was less likely than not incurred in or caused by the back disability during service. As rationale the examiner stated there was decreased range of motion on examination, but no pain elicited. Further, the examiner noted the Veteran reported a history of re-injury to the back in 1979. Additionally, the examiner stated the in-service report was acute and transitory, with no x-ray evidence of injury. An addendum opinion is needed addressing the etiology of his back disability. The examiner made no reference to the Veteran's reports of continuity since service. Further, the Board notes, x-ray evidence during service is not needed to warrant a positive nexus. Additionally, an opinion is needed reconciling the 2013 findings of radiculopathy. At the hip examination, he was diagnosed with a hip strain. He reported falling in service. He takes hydrocodone for hip pain. The examiner explained that due to the normal hip x-ray in December 2021, a diagnosis of right hip strain is warranted, but right hip arthritis is not likely. Additionally, there were no current radiculopathy or sensory disturbances noted. The examiner stated the right hip strain is less likely than not incurred in or caused by the right hip disability during service. The diagnosed arthritis in 2013, did not occur within one year from discharge. In addition, a diagnosis of arthritis is not warranted as the x-rays are normal. The examiner noted the Veteran was denied in January 2014, and it was stated the injury did not incur in or was aggravated by service. The Board notes the rationale employed by the examiner is in part referencing prior rating decisions which denied service connection for a right hip disability. Further rationale provided was the existence of normal x-rays, which is not in and of itself a reason for a negative nexus. The examiner made no reference to the Veteran's contentions of continuity. Another opinion is needed addressing the etiology of the right hip strain. The matters are REMANDED for the following action: 1. Obtain an addendum opinion as to the Veteran's back disability. The need for an in-person examination is left to the discretion of the examiner. Following a review of the claims file, the examiner should provide an opinion for the following: a) Is it at least as likely as not that any diagnosed back condition is related to his service? The examiner is asked to address the Veteran's contentions of continuity of symptoms, personnel records, and STRs. The examiner is asked to address the Veteran's in-service report of back pain. The examiner is asked to provide a rationale for all opinions reached. 2. Obtain an addendum opinion as to the Veteran's hip disability. The need for an in-person examination is left to the discretion of the examiner. Following a review of the claims file, the examiner should provide an opinion for the following: a) Identify each right hip disability. b) Is it at least as likely as not that a hip disability is related to his service? c) Is it at least as likely as not that a right hip disability was caused or aggravated by his back disability? If aggravation is found, please identify to the extent possible the baseline level of disability prior to the aggravation and determine what degree of additional impairment is attributable to aggravation of the hip disability by the back disability. The examiner is asked to address the Veteran's contentions of continuity, personnel records, and STRs. The examiner is asked to provide a rationale for all opinions reached. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Skiouris, 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.