Citation Nr: 18144484 Decision Date: 10/25/18 Archive Date: 10/24/18 DOCKET NO. 16-15 927 DATE: October 25, 2018 REMANDED Entitlement to an initial evaluation in excess of 10 percent for lumbar disc disease is remanded. Entitlement to an initial compensable evaluation for right ear hearing loss is remanded. Entitlement to an initial evaluation in excess of 20 percent prior to June 20, 2016, and in excess of 10 percent from that date, for left lower extremity sciatic radiculopathy is remanded. Entitlement to an initial evaluation in excess of 20 percent prior to June 20, 2016, and to a compensable evaluation from that date, for right lower extremity sciatic radiculopathy is remanded. Entitlement to an initial evaluation in excess of 30 percent prior to April 13, 2016, and in excess of 50 percent from that date, for major depression is remanded. REASONS FOR REMAND The Veteran had active service from October 1969 to March 1971. 1. Entitlement to an initial evaluation in excess of 10 percent for lumbar disc disease is remanded. 2. Entitlement to an initial compensable evaluation for right ear hearing loss is remanded. 3. Entitlement to an initial evaluation in excess of 20 percent prior to June 20, 2016, and in excess of 10 percent from that date, for left lower extremity sciatic radiculopathy is remanded. 4. Entitlement to an initial evaluation in excess of 20 percent prior to June 20, 2016, and to a compensable evaluation from that date, for right lower extremity sciatic radiculopathy is remanded. 5. Entitlement to an initial evaluation in excess of 30 percent prior to April 13, 2016, and in excess of 50 percent from that date, for major depression is remanded. The Veteran last had VA examinations for the issues of major depression and right ear hearing loss in March 2013. In light of the state of the record, the Board finds that the Veteran must be afforded contemporaneous VA examinations for these issues to assess the current severity of the disabilities. See Stefl v. Nicholson, 21 Vet. App. 120, 125 (2007) (an adequate VA medical examination must consider the Veteran’s pertinent medical history). A supplemental statement of the case (SSOC) was issued in August 2016. Subsequent to the SSOC and prior to when the case was transferred to the Board in July 2017, additional VA treatment records were associated with the claims file without issuance of an SSOC. Therefore, under applicable VA regulations, the claim must be remanded for issuance of an SSOC. See 38 C.F.R. § 19.37(a). VA treatment records to October 2016 have been associated with the claims file. The RO should attempt to obtain all relevant VA treatment records dated from October 2016 to the present, while the claim is in remand status. Bell v. Derwinski, 2 Vet. App. 611 (1992). The matters are REMANDED for the following action: 1. Obtain VA treatment records from October 2016 to the present. 2. Schedule the Veteran for an appropriate VA examination to ascertain the severity of right ear hearing loss. The entire claims file must be made available to and reviewed by the examiner. All appropriate tests and studies should be conducted and the results reported. The VA examiner must address the extent of functional and industrial impairment due to the Veteran’s disability being examined and furnish a full description of the effects of the service-connected disability upon the Veteran’s ordinary activity, including employment. All opinions must be supported by a complete rationale. 3. Schedule the Veteran for an appropriate VA examination to ascertain the severity of major depression. The entire claims file must be made available to and reviewed by the examiner. All appropriate tests and studies should be conducted and the results reported. The VA examiner must address the extent of functional and industrial impairment due to the Veteran’s disability being examined and furnish a full description of the effects of the service-connected disability upon the Veteran’s ordinary activity, including employment. All opinions must be supported by a complete rationale. 4. Then readjudicate the Veteran’s claims for increased evaluations for lumbar disc disease, right and left sciatic lower extremity radiculopathy, right ear hearing loss, and major depression, based on all evidence received since the August 2016 supplemental statement of the case. If the benefits sought on appeal are not granted in full, issue the Veteran and his representative a supplemental statement of the case and provide the Veteran an opportunity to respond Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Scott Shoreman, Counsel