HIP IMPAIRMENT OF

Summary

The veteran, who served in the U.S. Army from September 2006 to February 2010, appeals the denial of service connection for a right hip condition and a right ankle condition, claimed as secondary to his service-connected right knee disability. The Board denied these claims, finding that the evidence of record did not establish a current disability for either the right hip or right ankle. While acknowledging the veteran's allegations of pain since service, the Board noted the absence of service treatment records or post-service medical records diagnosing a disability related to the right hip or ankle. Furthermore, the Board found that the veteran's own statements were insufficient to trigger the duty to assist in obtaining a VA examination for these conditions, as they did not demonstrate functional impairment of earning capacity. The Board also noted that the veteran denied hip or ankle pain during a December 2020 outpatient evaluation, which only listed chronic back pain and right knee arthralgia in his past medical history. The Board concluded that the persuasive evidence weighed against the veteran's claims, making the benefit of the doubt doctrine inapplicable. The case is remanded for a VA examination regarding entitlement to service connection for right lower extremity peripheral neuropathy of the sciatic nerve, as the prior decision failed to obtain a necessary medical opinion on its connection to the service-connected right knee disability.

Rationale

No evidence of current disability for right hip; Lack of service treatment records or post-service medical records; Veteran's statements insufficient to trigger duty to assist

Full Decision Text

Citation Nr: A26025527
Decision Date: 03/23/26	Archive Date: 03/23/26

DOCKET NO. 210412-152031
DATE: March 23, 2026

ORDER

Entitlement to service connection for a right hip condition is denied.

Entitlement to service connection for a right ankle condition is denied.

REMANDED

Entitlement to service connection for right lower extremity peripheral neuropathy of the sciatic nerve is remanded.

FINDINGS OF FACT

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

2. The evidence of record persuasively weighs against finding that the Veteran has had a right ankle condition at any time during or approximate to the pendency of the claim.

CONCLUSIONS OF LAW

1. The criteria for service connection for a right hip condition have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

2. The criteria for service connection for a right ankle condition have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served honorably on active duty in the United States Army from September 2006 to February 2010.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in February 2021 by a Department of Veterans Affairs (VA) Regional Office (RO).

In the April 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on September 2024.

Therefore, the Board may only consider the evidence of record at the time of the February 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

However, because the Board is remanding the claim for entitlement to service connection for right lower extremity peripheral neuropathy of the sciatic nerve, any evidence the Board could not consider will be considered by the AOJ in the adjudication of this claim. 38 C.F.R. § 3.103(c)(2)(ii).

SERVICE CONNECTION

Right hip condition

Right ankle condition

The Veteran asserts he is entitled to service connection for a right hip condition and a right ankle condition as secondary to his service-connected right knee disability.

Generally, to establish service connection there must be competent evidence showing: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the in-service injury incurred or aggravated during service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303; Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

Service connection may be granted on a secondary basis for a disability which is aggravated by, proximately due to, or the result of a service-connected disease or injury under 38 C.F.R. § 3.310. Allen v. Brown, 7 Vet. App. 439 (1995). In order to prevail on the issue of entitlement to secondary service connection, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) nexus evidence establishing a connection between the service-connected disability and the current disability. See Wallin v. West, 11
i, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

Service connection may be granted on a secondary basis for a disability which is aggravated by, proximately due to, or the result of a service-connected disease or injury under 38 C.F.R. § 3.310. Allen v. Brown, 7 Vet. App. 439 (1995). In order to prevail on the issue of entitlement to secondary service connection, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) nexus evidence establishing a connection between the service-connected disability and the current disability. See Wallin v. West, 11 Vet. App. 509, 512 (1998).

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990).

Upon reviewing the pertinent evidence of record, the Board finds that service connection for a right hip condition and a right ankle condition is not warranted. 

The Board notes that the existence of a current disability is the cornerstone of a claim for VA disability benefits. See Degmetich v. Brown, 104 F.3d 1328 (Fed. Cir. 1997). Therefore, in the absence of current disability, there can be no valid claim. See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). However, the Board notes that a lack of a formal diagnosis is not dispositive. The term "disability" as used in 38 U.S.C. § 1110 "refers to the functional impairment of earning capacity, not the underlying cause of said disability." See Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018).

In this regard, the evidence of record does not establish that the Veteran has had a disability pertaining to the right hip or right ankle at any time during the period on appeal. The Board acknowledges the Veteran's allegations, made during his 2024 hearing, that he has suffered from right hip and ankle pain ever since service. However, the record is absent of any service treatment records (STRs) or post-service medical records showing a diagnosis of a disability associated with right hip and/or right ankle pain. The Board finds the available medical evidence of record does not show that right hip or right ankle pain impaired the Veteran's ability to perform occupational tasks, and the Veteran has not proffered any lay statements or evidence as to functional impairment caused by his conditions. A VA outpatient treatment record dated in December 2020 reveals that during evaluation the Veteran denied any joint pain or swelling when discussing his medical history. In fact, the only items listed for past medical history were "Tobacco Dependence, Chronic Back Pain, Arthralgia - Right Knee." Thus, the Veteran's claimed right hip and right ankle conditions have not demonstrated functional impairment of earning capacity. Saunders, 886 F.3d at 1368. Accordingly, the evidence of record does not show that the Veteran has a current disability for the purposes of VA compensation benefits under 38 U.S.C. § 1110.

The Board also acknowledges that the Veteran has not received a VA examination for these conditions. The duty to assist requires VA to provide an examination when the record contains competent evidence that the claimant has a current disability, or signs and symptoms of a current disability; the record indicates that the disability (or signs and symptoms of a disability) may be associated with military service; and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The only evidence relating the Veteran's claims for service connection for a right hip condition and a right ankle condition are his own statements. This is insufficient to trigger the duty to assist to obtain a VA examination. Waters v. Shinseki, 601 F.3d 1274, 1278-79 (Fed. Cir. 2010) (holding that a claimant's "conclusory generalized statement that his service illness caused his present medical problems" was not sufficient to entitle him to a VA examination).

Accordingly, entitlement to service connection for a right hip condition and a right ankle condition is not warranted. 

In reaching such decision, the Board has considered the applicability of the benefit of the doubt doctrine. However
 The only evidence relating the Veteran's claims for service connection for a right hip condition and a right ankle condition are his own statements. This is insufficient to trigger the duty to assist to obtain a VA examination. Waters v. Shinseki, 601 F.3d 1274, 1278-79 (Fed. Cir. 2010) (holding that a claimant's "conclusory generalized statement that his service illness caused his present medical problems" was not sufficient to entitle him to a VA examination).

Accordingly, entitlement to service connection for a right hip condition and a right ankle condition is not warranted. 

In reaching such decision, the Board has considered the applicability of the benefit of the doubt doctrine. However, the persuasive evidence of record is against the Veteran's claims for service connection for a right hip condition and a right ankle condition. As such, that doctrine is not applicable in the instant appeal, and his claim must be denied. 38 U.S.C.A. § 5107; 38 C.F.R. § 3.102; Gilbert, supra.

REASONS FOR REMAND

Right lower extremity peripheral neuropathy of the sciatic nerve

The Veteran asserts he is entitled to service connection for right lower extremity peripheral neuropathy of the sciatic nerve.

The issue of entitlement to service connection for right lower extremity peripheral neuropathy of the sciatic nerve is remanded to correct a duty to assist error that occurred prior to the February 2021 rating decision on appeal. The AOJ did not obtain a VA examination prior to the rating decision on appeal regarding whether right lower extremity peripheral neuropathy of the sciatic nerve is caused or aggravated by the Veteran's service-connected right knee disability. However, based on the evidence associated with the claims file prior to the February 2021 rating decision, the Board finds that a VA examination and medical opinion is required.

The matter is REMANDED for the following action:

Schedule the Veteran for a VA examination for right lower extremity peripheral neuropathy of the sciatic nerve. The examiner must review the claims file.

The examiner is asked to provide a response to the following:

Is the Veteran's right lower extremity peripheral neuropathy of the sciatic nerve at least as likely as not due to his service-connected right knee disability?

Is his right lower extremity peripheral neuropathy of the sciatic nerve at least as likely as not aggravated, i.e., made worse, by his service-connected right knee disability?

Provide a rationale to support the opinion(s). 

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. K. Hall, 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.