Citation Nr: 23014665 Decision Date: 03/10/23 Archive Date: 03/10/23 DOCKET NO. 18-04 718A DATE: March 10, 2023 REMANDED The issues of entitlement to service connection for left and right hip disabilities are remanded. REASONS FOR REMAND The Veteran served on active duty from May 1970 to August 1970. This matter is before the Board following his appeal of an August 2017 rating decision. The Veteran is seeking service connection for left and right hip disabilities that he asserts were incurred in service, to include as a result of falling off of an obstacle course rope during basic training. See June 2022 VA Form 9, June 2017 VA Form 21-526. While available service treatment records do not show specific treatment for the hips, they do show that the Veteran struggled physically and had difficulty running. See, e.g., July 1970 Medical Evaluation Board. The Veteran has also provided competent lay testimony of in-service incurrence, asserting that he fell onto his right hip when he fell off of an obstacle course rope, and jarred his left hip at the same time. Additionally, post-service evidence shows complaints of hip pain and assessments of hip arthritis and trochanteric bursitis. See, e.g., November 2014, June 2016, June 2017 VA treatment notes. To date, a medical opinion has not been obtained that adequately addresses (or concedes, for purposes of the opinion) the Veteran's specific contention of bilateral hip injury sustained from a fall. Thus, an addendum is necessary. Additionally, given the Veteran's report of being sent to sick bay after his fall off of the obstacle course rope and being "kept off training" for three days, efforts should be made to ensure the appellant's complete service treatment and personnel records are of record, as the current records do not reflect that incident. The Veteran should also identify all sources of treatment for his hips post service, as in June 2017 he reported that his private physician was arranging for hip injections and, while some private treatment records have been obtained, no private treatment records related to that treatment have yet been associated with the claims file. As a final matter, in ordering a remand in the instant case, the Board is not making a preliminary formal finding as to the credibility of the Veteran's lay reports. Rather, the Board is merely requesting that the examiner on remand consider the Veteran's own descriptions of the history of his hip injuries and disabilities. See Smith v. Wilkie, 32 Vet. App. 332, 338-39 (2020). The matters are REMANDED for the following action: 1. Request from official sources the Veteran's complete service medical and personnel records. 2. Contact the Veteran and request that he identify any outstanding VA or private treatment records related to his hips, to include records from his private primary care physician relating to hip injections. After obtaining the necessary authorization forms, obtain any pertinent records and associate them with the claims file. 3. After the foregoing development is completed to the extent possible, obtain a medical opinion from the provider of the January 2023 examination or, if that examiner is unavailable, from another qualified clinician. Following a review of the claims file, the clinical should provide an opinion as to whether, when an in-service fall from a rope onto the right hip is conceded, it is at least as likely as not (the favorable and unfavorable evidence of record is in approximate balance or is nearly equal) that any current left or right hip condition had its onset in, was caused by, or is otherwise related to service. In other words, state whether a nexus between the Veteran's claimed left and/or right hip disability and service is medically consistent with the Veteran's report of a fall from a rope in service. (The Board reminds the Veteran that in asking the examiner to accept the history he provided, the Board is not at this time making an assessment of the credibility of his statements). The clinician should consider medical and lay evidence dated both prior to and since the filing of the claim. The clinician must provide a complete rationale for any opinion rendered. If the clinician cannot provide an opinion without resorting to speculation, he or she should explain why an opinion cannot be provided (e.g., lack of sufficient information/evidence, the limits of medical knowledge, etc.). S. C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Fagan 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.