Citation Nr: 23009792 Decision Date: 02/15/23 Archive Date: 02/15/23 DOCKET NO. 13-31 803 DATE: February 15, 2023 REMANDED Entitlement to service connection for a left hip disability is remanded. REASONS FOR REMAND The Veteran had active U.S. Marine Corps service from March 1978 to March 1982. This appeal has a long procedural history. It comes before the Board of Veterans' Appeals (Board) on appeal from a February 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Most recently, in April 2021, the Board denied the Veteran's currently appealed claim. The Veteran, through an attorney, and VA's Office of General Counsel appealed the Board's April 2021 decision to the United States Court of Appeals for Veterans Claims (Court) by filing a Joint Motion for Remand (Joint Motion). The Court granted the Joint Motion in August 2022, vacating and remanding the Board's April 2021 decision. The Board notes that it is bound by the Court's August 2022 Order granting the Joint Motion. The Board also notes that this appeal has been remanded repeatedly. Having reviewed the record evidence, and although the Board is reluctant to contribute to "the hamster-wheel reputation of Veterans law" by remanding this appeal again, additional development is required before the underlying claim can be adjudicated on the merits. Cf. Coburn v. Nicholson, 19 Vet. App. 427, 434 (2006) (Lance, J., dissenting) (finding that repeated remands "perpetuate the hamster-wheel reputation of Veterans law"). The Veteran essentially contends that he incurred his current left hip disability (variously diagnosed as a dislocated left hip and left hip degenerative joint disease) during active service, including as a result of participating in numerous road marches or other running activities while wearing combat boots, and experienced continuous post-service disability. He alternatively contends that his left hip disability existed prior to active service and was aggravated by service. Both parties to the Joint Motion argued successfully to the Court that the Board erred in the April 2021 decision by relying on a January 2021 VA medical nexus opinion. Both parties specifically asserted that the January 2021 VA medical nexus opinion ignored multiple notations in the Veteran's service treatment records concerning the existence of pre-service left hip disability and in-service complaints of and treatment for left hip problems throughout his period of active service. Both parties also requested that the Board remand this appeal in order to obtain a competent medical nexus opinion which addresses the contended etiological relationship between the Veteran's left hip disability and active service. The Board notes in this regard that prior medical nexus opinions addressing this matter dated in December 2011 and November 2019 already were found to be inadequate for VA adjudication purposes. The Court concluded that the January 2021 medical nexus opinion also was inadequate for VA adjudication purposes when it granted the Joint Motion in August 2022. There is no other competent medical nexus opinion currently of record which addresses the contended etiological relationship between the Veteran's left hip disability active service, to include whether this disability existed prior to active service and was aggravated by service. Thus, the Board finds that, on remand, a medical nexus opinion should be obtained which addresses this matter. The matters are REMANDED for the following action: 1. Conduct any appropriate development to obtain the Veteran's updated treatment records. 2. Forward the claims to a clinician for an opinion concerning the nature and etiology of the Veteran's left hip disability. The Veteran does not need to report for examination. Based on a review of the claims file, the clinician is asked to state whether a left hip disability is related to active service. The clinician next is asked to state whether a left hip disability existed prior to active service and was aggravated by service or any incident of service, including as due to participation in road marches or running while wearing combat boots. A rationale must be provided for any opinion(s) expressed. To the extent that the Veteran has reported a history of left hip injuries and symptoms, the examiner should accept them as accurate. R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael T. Osborne, 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.