Citation Nr: 18157186 Decision Date: 12/12/18 Archive Date: 12/11/18 DOCKET NO. 16-38 006 DATE: December 12, 2018 ORDER New and material evidence having been received, the claim of service connection for hearing loss is reopened. New and material evidence having been received, the claim of service connection for a left knee disorder is reopened. REMANDED Service connection for hearing loss is remanded. Service connection for tinnitus is remanded. Service connection for a left knee disorder is remanded. Service connection for a low back disorder is remanded. Service connection for peripheral vascular disease as secondary to a low back disorder is remanded.   FINDINGS OF FACT 1. A March 2012 rating decision denied claims of service connection for hearing loss and a left knee disorder. The Veteran did not appeal that decision or submit new and material evidence within one year of its issuance. 2. Evidence received since the March 2012 rating decision is neither cumulative nor redundant of evidence of record at the time of the prior denial, relates to unestablished facts necessary to substantiate the claims of service connection for hearing loss and a left knee disorder, and raises a reasonable possibility of substantiating the claim. CONCLUSIONS OF LAW 1. The March 2012 decision that denied claims of service connection for hearing loss and a left knee disorder is final. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.302, 20.1103. 2. Because evidence received since the final rating decision in March 2012 is new and material, the claims of service connection for hearing loss and a left knee disorder are reopened. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1978 to September 1981 with additional service in the Army Reserves. The case is on appeal from a January 2015 rating decision. The Veteran requested a Board hearing in his July 2016 VA Form 9 substantive appeal. In August 2016 correspondence, the Veteran that he wished to withdraw this request. His hearing request is withdrawn. 38 C.F.R. § 20.704. New and Material Evidence 1. Whether new and material evidence has been submitted to reopen a claim of service connection for hearing loss. 2. Whether new and material evidence has been submitted to reopen a claim of service connection for a left knee disorder. By a March 2012 rating decision, claims of service connection for hearing loss and a left knee disorder were denied. The Veteran was notified of the decision by a letter in April 2012 which was mailed to the then current mailing address of record. Thereafter, nothing further regarding these claims was received until the present of service connection for hearing loss and a left knee disorder in March 2014. No new evidence or notice of disagreement was received by VA within one year of the issuance of the March 2012 rating decision. As the Veteran did not appeal the decision, the prior rating decision is final. See 38 U.S.C. § 7105; 38 C.F.R. §§ 20.302, 20.1103. The Board finds that new and material evidence has been submitted so that the previously denied claim is reopened. See 38 U.S.C. § 5108; 38 C.F.R. § 3.156(a). See also October 2014 Statement in Support of Claim; January 2015 VA Examination; July 2016 Correspondence; July 2016 VA Form 9. REASONS FOR REMAND 1. Entitlement to service connection for hearing loss. 2. Entitlement to service connection for tinnitus. The Veteran contends that he has hearing loss and tinnitus due to his military service. In this regard, in an August 2011 statement, he reported experiencing in-service noise exposure from artillery units during field training exercises. Thereafter, in a July 2016 VA Form 9, the Veteran reported experiencing severe pain from ear plugs and being treated for ear pain during service. The Veteran also reported that an audiogram in his service treatment records (STRs) is for a different veteran. He stated that, while the audiogram lists his social security number and date of birth, it also lists the name of another veteran and the wrong military occupational code and should not be included in evaluating these claims. The Veteran’s STRs include audiometric testing performed at his entrance into service as well as audiometric testing performed in April 1981 and June 1981. The April 1981 test lists the Veteran’s social security number and date of birth, but also lists the name of another veteran and the wrong military occupational code. In addition, an October 1978 STR shows that the Veteran was noted to experience hearing loss and tinnitus during treatment for acute otitis media. The Veteran’s military records do not include a separation examination or service personnel records (SPRs) outside of his DD 214. The Board finds that remand is required to afford the Veteran another VA examination and opinion in regard to these claims. In addition, the RO should locate and associate with the record all outstanding STRs or SPRs. 3. Entitlement to service connection for a left knee disorder. The Veteran contends that he has a left knee due to an in-service injury. In this regard, in an August 2011 statement, the Veteran reported that a structure holding two large wheels of wire fell on his left leg during service and that he was on crutches for a month after this injury. Thereafter, in October 2014, the Veteran submitted a statement from a fellow veteran. The fellow veteran reported witnessing a reel of wire falling on the Veteran’s left knee and leg in December 1980. He also reported that the Veteran was placed in a cast and put on bedrest following the injury. The Veteran’s STRs include an x-ray of his left knee from January 1980 that noted no significant abnormality. A June 1981 STR noted the Veteran was experiencing problems with his left knee and that he had been placed on profile for his left knee. After discharge, a July 2011 VA x-ray report notes mild medial compartment degenerative changes in his left knee. The Veteran has not yet been afforded a VA examination in regard to this claim. The Board finds that the low threshold requirement has been met for a VA examination, and that a remand is required to address the nature and etiology of all current left knee disorders. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). 4. Entitlement to service connection for a low back disorder. 5. Entitlement to service connection for peripheral vascular disease as secondary to a low back disorder. The Veteran also contends that he has a low back disorder due to service and peripheral vascular disease caused or aggravated by his low back disorder. In this regard, in a June 2016 statement, the Veteran reported that during basic training he experienced lower back pain after completing a 15 or 20-mile hike while wearing a heavy ruck sack. He also reported slipping on ice and falling on his back while stationed at Fort Sill, Oklahoma. He stated that he had low back pain that resolved in a couple days and that he did not seek treatment. Thereafter, in a July 2016 VA Form 9, the Veteran stated that he has peripheral vascular disease secondary to his low back disorder. The Veteran’s STRs include an October 1982 report of medical history. The Veteran checked “yes” in regard to experiencing recurrent back pain. The Veteran’s post-service private treatment records note that he was in motor vehicle accidents in 1997 and 2001 and was treated for neck and back pain after these accidents. In May 2014, a VA physician submitted a letter in which he indicated that the Veteran has significant degenerative disc disease and peripheral arterial disease with intermittent claudication. Then, an October 2015 correspondence, the VA physician stated that there is a good probability that the Veteran present back pain stems from his military service. The Board finds that the low threshold requirement has been met for a VA examination, and that a remand is required to address the nature and etiology of all current low back disorders and peripheral vascular disease. McLendon, 20 Vet. App. at 81. In addition, updated VA treatment records should be associated with the file. The matters are REMANDED for the following action: 1. Contact the appropriate service department and/or records custodian(s), to include the National Personnel Records Center, with a request for copies of the Veteran’s complete STRs and SPRs, to include his Army Reserve service following his discharge from active duty service. All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Obtain complete VA treatment records from June 2016. 3. After completing the records development indicated above, schedule the Veteran for a VA audiological examination by an appropriate professional to determine the nature and etiology of his hearing loss and tinnitus. Following a review of the entire claims file, state whether it is at least as likely as not (50 percent probability or greater) that any current hearing loss and tinnitus had its onset during active service, or within a year of discharge; or, is related to any in-service event, disease, or injury, to include from in-service exposure to loud noises from artillery and rifle fire. A detailed rationale should be provided for the opinions offered. The examiner is asked to ignore the April 1981 audiometric testing in reaching his or her opinion. If an opinion cannot be offered without resorting to speculation, the reason for this should be fully explained in the opinion. 4. After completing the records development indicated above, schedule the Veteran for a VA examination by an appropriate professional to determine the nature and etiology of his current left knee disorders. The record, to include a copy of this remand, must be made available to and be reviewed by the examiner. Any indicated evaluations, studies, and tests should be conducted. Thereafter, offer opinions in regard to the following inquiries: (a.) Identify all of the Veteran’s current left knee disorders experienced during the claim period (since March 2014). (b.) For each disorder, state whether it is at least as likely as not (50 percent probability or greater) had its onset during service, within one year of discharge from service, or is otherwise related to service, to include a reel of wire falling on the Veteran’s left leg. A detailed rationale should be provided for the opinions offered. 5. After completing the records development indicated above, schedule the Veteran for a VA examination by an appropriate professional to determine the nature and etiology of his current low back disorders. The record, to include a copy of this remand, must be made available to and be reviewed by the examiner. Any indicated evaluations, studies, and tests should be conducted. Thereafter, offer opinions in regard to the following inquiries: (a.) Identify all low back disorders shown on the current examination and/or noted in the record during the claim period (e.g. since March 2014). (b.) For each disorder(s), state whether it is at least as likely as not (50 percent probability or greater) had its onset during service, or is otherwise related to service, to include marching for 15 or 20 miles while wearing a heavy ruck sack and falling on ice during service. (c.) For any arthritis diagnosed, state whether it is at least as likely as not that such manifested within one year of discharge from service. A detailed rationale should be provided for the opinions offered. 6. If the Veteran is found to have a low back disorder that is related to service, then provide an opinion regarding the nature and etiology of his peripheral vascular disease. The record, to include a copy of this remand, must be made available to and be reviewed by the examiner. Any indicated evaluations, studies, and tests should be conducted. The examiner should state whether it is as at least as likely as not (a 50 percent or greater probability) that the Veteran’s peripheral vascular disease is caused OR aggravated by a low back disorder. The term “aggravation” means an increase in the claimed disability; that is, a worsening of the condition beyond the natural clinical course and character of the condition due to the service-connected disability as contrasted to a temporary worsening of symptoms. A detailed rationale for any opinion offered should be provided. D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Jimerfield, Associate Counsel