Citation Nr: 19152131
Decision Date: 07/05/19	Archive Date: 07/05/19

DOCKET NO. 16-50 458
DATE:	July 5, 2019

REMANDED

Entitlement to service connection for a back disability, to include degenerative disc disease (DDD), is remanded.

Entitlement to service connection for bilateral hearing loss is remanded.

Entitlement to service connection for tinnitus is remanded.

Entitlement to service connection for a respiratory condition, to include emphysema and/or lung nodule as due to asbestos, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1971 to February 1973 in the United States Navy.

1.  Entitlement to service connection for a back disability is remanded. 

2. Entitlement to service connection for bilateral hearing loss is remanded.

3. Entitlement to service connection tinnitus is remanded.

The Board cannot make a fully-informed decision on the back claim because no VA examiner has opined whether the Veteran has a back disability that is etiologically related to his experience of repeatedly lifting heavy frozen food in close quarters.

Medical opinions are also needed to address the claims of service connection for hearing loss, tinnitus, or a respiratory disability may be associated with his service.  

4. Entitlement to service connection for a respiratory condition, to include emphysema and/or lung nodule as due to asbestos, is remanded.

The Veteran underwent a VA examination for respiratory conditions in February 2016; however, the opinion is inadequate.  The examiner’s opinion focused on the fact that the Veteran’s chest imaging results were more indicative of changes secondary to tobacco use.  The results indicative of tobacco use was identified as emphysema.  However, the examiner did not state why the Veteran’s tobacco use, which ended in 1995 was more likely the cause of emphysema.  Additionally, the imaging results include a lung nodule which the VA examiner did not address in the opinion.

The claim is remanded to obtain an examination and opinion.  

The matters are REMANDED for the following action:

1.  Ask the Veteran to identify all providers who treated him for the claimed disabilities since September 2016. Take all appropriate action to obtain any related records. 

2. After completion of the above, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any back disability.  Copies of all pertinent records must be made available to the examiner for review.  For any diagnosed back disability, the examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including repetitive lifting of heavy frozen food items in a confined space. A complete rationale must be provided for any opinion offered.  

3.  Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any bilateral hearing loss or tinnitus. Copies of all pertinent records must be made available to the examiner for review. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including military noise exposure. A complete rationale must be provided for any opinion offered.  

4.  Obtain an addendum opinion from an appropriate clinician regarding whether any diagnosed respiratory conditions, to include emphysema and lung nodule is at least as likely as not related to conceded asbestos exposure.  Copies of all pertinent records must be made available to the examiner for review. If the examiner determines that an opinion cannot be provided without an examination, an examination should be scheduled.  

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A complete rationale must be provided for any opinion offered.

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	P.S. McLeod