Citation Nr: 24005294 Decision Date: 02/01/24 Archive Date: 02/01/24 DOCKET NO. 19-13 788 DATE: February 1, 2024 ORDER Entitlement to service connection for a left hip disability is granted. FINDING OF FACT The Veteran's left hip disability began during active service and has continued since that time. CONCLUSION OF LAW The criteria for entitlement to service connection for a left hip disability have been met. 38 U.S.C. §§ 1110, 1131, 1154(a), 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1982 to May 1982. This matter comes before the Board of Veterans' Appeals (Board) from a May 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously remanded by the Board in July 2020 and April 2023 for additional development and has now returned for further appellate review. Service Connection In general, service connection may be granted for a disability or injury incurred in or aggravated by active military service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may also be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Active service includes periods of ACDUTRA when service connection may be granted for disabilities resulting from a disease or injury incurred in or aggravated while performing ACDUTRA. 38 U.S.C. § 101 (22), (24); 38 C.F.R. § 3.6 (a), (c). Active service also includes periods of INACDUTRA when service connection may be granted for disabilities resulting from an injury incurred in or aggravated while performing INACDUTRA. 38 U.S.C. § 101 (23), (24); 38 C.F.R. § 3.6 (a), (d). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102 ; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA's policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. See 38 U.S.C. § 1154 (a); 38 C.F.R. § 3.303 (a). 1. Entitlement to service connection for a left hip disability The Veteran is seeking service connection for a left hip disability, which she contends began in and has persisted since active duty service. A review of the Veteran's service treatment records (STRs) reveals treatment for hip pain during active duty. Accordingly, the Board finds that the Veteran experienced a qualifying in-service event. The Veteran's private treatment records confirm complaints and treatment for left hip pain. The Board observes that the Veteran received VA examinations regarding the nature and etiology of her claimed left hip pain in January 2021 and November 2023. Both examiners noted the Veteran's report of hip pain beginning during basic training and continuing since that time. The January 2021 examiner diagnosed the Veteran with degenerative arthritis of the left hip. The November 2023 examiner confirmed the diagnoses of degenerative arthritis and also diagnosed the Veteran with trochanteric pain syndrome. Regarding the etiology of the claimed condition, the January 2021 examiner opined that the Veteran's condition less likely than not began in or is etiologically related to the Veteran's active service. The Board observes, however, that the January 2021 examiner wholly failed to address the Veteran's in-service treatment for hip pain, as described above. Additionally, regarding the question of etiology, the November 2023 examiner failed to provide any opinion regarding whether the claimed condition began in or is otherwise etiologically related to her active duty. Accordingly, the Board finds both examinations to be inadequate for determining entitlement to service-connection. Lay statements of record, however, affirm initial signs and symptoms of a chronic left hip disability during service. The Veteran is competent to report a continuity of symptoms of a left hip disability in the years since service and her reports are consistent with the evidence of record. The Board finds that the reports of continuity of symptomatology in the years since service are credible. Thus, resolving reasonable doubt in favor of the Veteran, the Board concludes that her left hip disability was incurred during active duty service. Accordingly, service connection for a left hip disability is granted. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.310. 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.