Citation Nr: 18132001 Decision Date: 09/05/18 Archive Date: 09/05/18 DOCKET NO. 15-08 901 DATE: September 5, 2018 REMANDED Entitlement to service connection for a lumbar spine disability is remanded. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. Entitlement to an initial rating in excess of 10 percent for right wrist degenerative joint disease is remanded. Entitlement to a total disability based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1975 to September 1989. These matter are before the Board of Veterans’ Appeals (Board) on appeal from rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2018, the Veteran testified before the undersigned Veterans Law Judge at a hearing. A copy of the transcript is of record. At the outset, the Board notes that the January 2015 statement of the case indicated review of VA treatment records from the East Orange VA Medical Center dated from June 10, 2011, to December 11, 2014. However, they are not currently in the claims file. Upon remand, the RO is asked to associate them with the claims file and to obtain updated VA records. 1. Service connection for a lumbar spine disability. The Veteran seeks service connection for a lumbar spine disability. He has current diagnoses of disc herniations at L4-L5 and L5-S1, foraminal stenosis with impingement on the left side in a dermatomal distribution, and lumbar radiculopathy. The Veteran contends that he suffered chronic back pain since service and had no additional injuries to his back after service. Service treatment records indicate that the Veteran was treated for multiple occasions for complaints of low back pain or lumbar strain. The Veteran was afforded a VA examination in June 2011. The examiner opined that the current lumbar spine disability was less likely than not related to service because the Veteran was only seen once for complaints of low back pain and there were no further complaints or treatment. In May 2018, the Veteran submitted a letter from Dr. Kubeck, his current treating physician. Dr. Kubeck opined that based on his medical history, the Veteran’s back disability is at least as likely as not related to service. A rationale was not provided. An addendum opinion is necessary as additional service records and Dr. Kubeck’s opinion were added to the file after the June 2011 VA examination. Moreover, the examiner’s opinion appears to have been based on an inaccurate factual premise, and the opinion does not reflect adequate consideration of the Veteran’s competent and credible report regarding the onset and recurrent nature of his back pain. Therefore, another opinion is needed.   2. An initial compensable rating for bilateral hearing loss. The Veteran is currently in receipt of a noncompensable rating for hearing loss. At the hearing, the Veteran generally asserted that his hearing had worsened, since his last VA examination was in June 2011. Thus, he should be scheduled for a new VA examination to determine the current nature and severity of his hearing loss. 38 C.F.R. § 3.327(a); see Snuffer v. Gober, 10 Vet. App. 400 (1997). 3. An initial rating in excess of 10 percent for right wrist degenerative joint disease. At the hearing, the Veteran testified that his right wrist arthritis has worsened since his last VA examination in October 2013. Accordingly, the Veteran should be scheduled for a new VA examination to determine the current severity of his right wrist disability. 38 C.F.R. § 3.327(a); see Snuffer, supra. 4. TDIU A TDIU has been reasonably raised by the evidence of record in this case. See Hearing Transcript, 10; June 2013 Correspondence. The Veteran has not submitted a VA Form 21-8940, Application for Increased Compensation Based on Unemployability, nor has he been informed of the requirements to substantiate such a claim. Moreover, this issue is inextricably intertwined with the pending claim for an increased rating for right wrist arthritis and for service connection claim for a lumbar spine disability. Accordingly, the issue is remanded for initial development and adjudication. The matter is REMANDED for the following action: 1. Associate with the claims file the East Orange VAMC treatment records from June 10, 2011 to December 11, 2014, as shown in the January 2015 statement of the case. Also, obtain updated VA medical records since December 2014. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of his lumbar spine disability. The claims folder and a copy of this Remand must be made available and reviewed by the examiner. The examiner must opine whether any current back condition is at least as likely as not related to an in-service injury, event, or disease; or in the case of any lumbar spine arthritis- manifested to a compensable degree within one year of service or, was noted during service with continuity of the same symptomatology since service. A fully-explained rationale for the requested opinions should be provided. In providing the opinion and rationale, the examiner must consider the Veteran’s credible lay contention that his back-pain onset in service and recurred thereafter. If the examiner feels that the requested opinions cannot be rendered without resorting to speculation, he or she must explain why this is so. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current nature and severity of his service-connected bilateral hearing loss. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating this disability under the rating criteria. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right wrist arthritis. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating this disability under the rating criteria. The examiner is also asked to indicate whether there are any associated neurological symptoms in light of the Veteran’s report of numbness in the wrist. 5. Request that the Veteran submit a completed VA Form 21-8940 and conduct any development needed to adjudicate the issue of entitlement to a TDIU. D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Tang, Associate Counsel