HIP IMPAIRMENT OF
STEVEN D. REISS · 2024 · Case ID: A24047555
Summary
The veteran, who served in the United States Navy from June 1975 to June 1979 and again from December 1980 to August 2006, including service in the Southwest Theater of Operations during the Persian Gulf War, appeals the denial of service connection for right and left hip disabilities. The veteran sought service connection on a secondary basis, claiming these hip conditions were caused by his already service-connected low back disability. The Board reviewed evidence of record up to the October 2020 agency of original jurisdiction decision. Service treatment records indicated complaints and treatment of hip problems during service. The key evidence was a December 14, 2020, opinion from the veteran's treating orthopedic surgeon, who opined that it was more likely than not that the current hip disabilities (osteoarthritis in the left hip and status post total hip arthroplasty in the right hip) were caused by the service-connected low back disability. The surgeon reasoned that lumbar immobility from the back condition led to the hip issues. While a September 2020 VA examiner opined the hip disabilities were not related to service, the Board found the treating surgeon's opinion more probative and sufficient, despite its lack of extensive detail, due to its expert nature and familiarity with the veteran's history. The Board resolved any doubt in the veteran's favor. Consequently, service connection for both the left and right hip disabilities, on a secondary basis due to the service-connected low back disability, was granted.
Rationale
Service-connected low back disability; Treating orthopedic surgeon opinion; Lumbar immobility causing hip disability
Full Decision Text
Citation Nr: A24047555 Decision Date: 08/19/24 Archive Date: 08/19/24 DOCKET NO. 210319-147811 DATE: August 19, 2024 ORDER Service connection for left hip disability, diagnosed as left hip osteoarthritis, is granted. Service connection for right hip disability, diagnosed as right total hip arthroplasty, is granted. FINDINGS OF FACT 1. The Veteran's left hip disability is caused by his service-connected low back disability. 2. The Veteran's right hip disability is caused by his service-connected low back disability. CONCLUSIONS OF LAW 1. The criteria for service connection for left hip disability as caused by his service-connected low back disability, have been met. 38 U.S.C. §§ 1131,1110 5107; 38 C.F.R. § 3.310. 2. The criteria for service connection for right hip disability as caused by his service-connected low back disability, have been met. 38 U.S.C. §§ 1131,1110 5107; 38 C.F.R. § 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from June 1975 to June 1979 and December 1980 to August 2006, including service in the Southwest Theater of Operations during the Persian Gulf War. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2020 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Historically, in September 2020, the Veteran submitted a VA Form 20-0995, Decision Review Request: Supplemental Claim, and requested readjudication of the issues of service connection for right and left hip disabilities, most recently addressed in a September 2020 rating decision. In October 2020, the agency of original jurisdiction (AOJ) issued the supplemental claim decision on appeal, which found that new and relevant evidence had been received but denied the claims on the merits. In the October 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the October 2020 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801. Service Connection Service treatment records show complaint and treatment of hip problems. The Veteran, however, primarily seeks service connection on a secondary basis as due to his service-connected low back disability. Service connection is warranted for a disability proximately due to, the result of, or aggravated by a service-connected disease or injury. 38 C.F.R. § 3.310(a), (b). The Veteran claims that his right and left hip disabilities are secondary to his service-connected low back disability. In this case the evidence supports that there is a relationship between the Veteran's service-connected low back disability and his right and left hip disabilities. See, e.g., Brief (August 4, 2021). For the reasons below, service connection for right and left hip disabilities, on a secondary basis, is warranted. In the October 2020 rating decision on appeal, the AOJ favorably found current right and left hip disabilities, namely status post right total hip arthroplasty and left hip osteoarthritis. Therefore, the current disability element has been satisfied. Therefore, the remaining question is whether the Veteran's right and left hip disabilities are proximately due to or the result of the service-connected low back disability. To that end, in a December 14, 2020, treatment note, the orthopedic surgeon who performed the Veteran's right hip arthroplasty and is treating his left hip osteoarthrosis opined that it is more likely than not that the Veteran's current hip disabilities are caused by his service-connected back disability. The orthopedic surgeon reasoned that lumbar immobility stemming from the Veteran's back disability has caused his current hip disabilities hip arthroplasty and left hip osteoarthritis. Therefore, the current disability element has been satisfied. Therefore, the remaining question is whether the Veteran's right and left hip disabilities are proximately due to or the result of the service-connected low back disability. To that end, in a December 14, 2020, treatment note, the orthopedic surgeon who performed the Veteran's right hip arthroplasty and is treating his left hip osteoarthrosis opined that it is more likely than not that the Veteran's current hip disabilities are caused by his service-connected back disability. The orthopedic surgeon reasoned that lumbar immobility stemming from the Veteran's back disability has caused his current hip disabilities. Although the opinion is not extensively detailed, it sufficiently informs the Board of a medical expert's judgment on a medical question and the essential rationale for that opinion. See Monzingo v. Shinseki, 26 Vet. App. 97, 105-06 (2012). Additionally, the opinion is highly probative to the etiology of the Veteran's backed disability as it was rendered by his treating orthopedic surgeon, who is not only an expert in the field of orthopedics but it's also uniquely familiar with the veterans medical history and physiology. See D'Aries v. Peake, 22 Vet. App. 97, 108 (2008). The Board acknowledges that in September 2020, VA examiner opined that the veterans current hip disabilities are not related to his military service. However, this opinion is not prohibitive to the question of secondary service connection, and in light of the highly probative December 2020 opinion, it is unnecessary to remand for an opinion to this effect. Having resolved any doubt in the Veteran's favor, the Board finds that service connection for the left and right hip disabilities as caused by his service-connected low back disability is warranted. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Castillo, Joshua 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.