Citation Nr: 23015237
Decision Date: 03/14/23	Archive Date: 03/14/23

DOCKET NO. 19-01 439
DATE: March 14, 2023

ORDER

Service connection for a right hip disability is denied.

FINDING OF FACT

The evidence of record persuasively weighs against finding that the Veteran had a diagnosed right hip disability at any time during or approximate to the pendency of the claim.

CONCLUSION OF LAW

The criteria for service connection for a right hip condition are not met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1990 to November 2015.

This claim is on appeal from a June 2016 rating decision.

Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).

The claim for a right hip disability is denied because the Veteran does not have a diagnosed hip disability.  The Veteran complains of right hip pain. See e.g., March 2016 correspondence. She has sought physical therapy for her hip.  While in the service the Veteran was treated for a hip condition.  

In May 2016, the Veteran underwent a VA examination.  During the VA examination, the examiner noted the Veteran did not have a current diagnosis pertaining to her right hip.  At the time she had stated that right hip discomfort had lasted about 10 years and she had not undergone any specific treatment.  X-rays of the right hip were normal.  In addition, during examinations for other disabilities, she had normal strength in her right hip during flexion testing. The examiner opined that her discomfort did not impact her ability to perform any occupational tasks. 

Based on the evidence, the Board concludes that the Veteran does not have a current diagnosis of a disability of the right hip and has not had one at any time during the pendency of the claim or recent to the filing of the claim. McClain v. Nicholson, 21 Vet. App. 319, 321 (2007).

While the Board recognizes that pain alone can constitute a disability for VA purposes when such pain amounts to functional impairment of earning capacity, the May 2016 VA examination clearly documented that the Veteran did not have any functional loss of her right hip which amounts to an independent functional impairment of earning capacity. Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018).

The Board acknowledges the Veteran's statements regarding her pain. However, while the Veteran believes she has a hip disability, she has not been shown to be competent to provide a diagnosis in this case. The issue is medically complex, as it requires specialized medical education. Jandreau v. Nicholson, 492 F.3d 1372, 1377, n.4 (Fed. Cir. 2007). The Board gives more probative weight to the competent medical evidence which includes medical records and a VA examination report which shows no diagnosis of a disability or disorder of the right hip. Therefore, service connection for a right hip disability is not warranted.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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.