Citation Nr: 21004104 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 17-65 544 DATE: January 26, 2021 REMANDED Entitlement to a compensable rating for bilateral hearing loss is remanded. Entitlement to a rating in excess of 10 percent for lumbar spine degenerative joint disease (DJD) is remanded. INTRODCUTION The Veteran served on active duty from January 1969 to January 1971. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. REASONS FOR REMAND The most recent VA examination with respect to the Veteran’s service-connected bilateral hearing loss occurred in March 2017, and in December 2016 (with February 2017 magnetic resonance imaging) for his service-connected lumbar spine degenerative joint disease. The Board finds that these VA examinations are too remote, and the evidence of record is otherwise inadequate, to accurately assess the current severity of the Veteran’s disabilities. Especially given that the Veteran testified during the January 2021 hearing that both disabilities have worsened since these examinations. As such, the Board finds that a remand is warranted to provide the Veteran VA examinations. Green v. Derwinski, 1 Vet. App. 121 (1991). The matters are REMANDED for the following action: Schedule the Veteran for VA examinations to determine the current level of severity of his service-connected bilateral hearing loss and lumbar spine degenerative joint disease. Ensure that the examiner provides all information required for rating purposes. Bilateral Hearing Loss With respect to bilateral hearing loss, the examiner is asked to consider and discuss the Veteran’s assertions regarding the separation of an auditory nerve. Lumbar Spine DJD With respect to lumbar spine degenerative joint disease, schedule the Veteran for an appropriate VA examination to determine the current nature and severity of his lumbar spine DJD. The examiner should identify all lumbar spine disabilities found to be present. The examiner should conduct all indicated tests and studies, to include range of motion studies. The joints involved should be tested in both active and passive motion, in weight-bearing and non weight-bearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. The examiner should describe any pain, weakened movement, excess fatigability, instability of station and incoordination present. The examiner should also state whether the examination is taking place during a period of flare-up. If not, the examiner should ask the Veteran to describe the flare-ups he experiences, including: frequency, duration, characteristics, precipitating and alleviating factors, severity and/or extent of functional impairment he experiences during a flare-up of symptoms and/or after repeated use over time. Based on the Veteran’s lay statements and the other evidence of record, the examiner should provide an opinion estimating any additional degrees of limited motion caused by functional loss during a flare-up or after repeated use over time. If the examiner cannot estimate the degrees of additional range of motion loss during flare-ups or after repetitive use without resorting to speculation, the examiner should state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e. no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e. additional facts are required, or the examiner does not have the needed knowledge or training). T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sean G. Pflugner, 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.