Citation Nr: 21068659 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 16-39 343 DATE: November 12, 2021 REMANDED Entitlement to a compensable rating for bilateral hearing loss is remanded. Entitlement to an initial rating higher than 10 percent for right lower extremity radiculopathy is remanded. Entitlement to a rating higher than 10 percent for left lower extremity radiculopathy with neurological impairment is remanded. Entitlement to a rating higher than 20 percent for chronic sprain lumbar spine with residuals of degenerative disc disease, disc bulge (lumbar spine disability) is remanded. REASONS FOR REMAND The Veteran had active duty service from April 2000 to October 2000. These matters are before the Board of Veterans' Appeals (Board) from a June 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). A Board virtual hearing was held in July 2021 before the undersigned Veterans Law Judge. Notwithstanding representation by the American Legion, the Veteran expressed at the hearing that he would like to proceed with the hearing without representation. In addition, at the hearing the Veteran raised the issues of entitlement to service connection for left and right arm disorders. The record shows these issues were last before the RO in April 2016 when the previous denials were confirmed and continued. As the Veteran is again raising the issues and the Board does not have jurisdiction over them, they are REFERRED to the RO for appropriate action. See 38 C.F.R. § 20.904(b). The Veteran is currently rated 0 percent for bilateral hearing loss, 10 percent for right lower extremity radiculopathy, 10 percent for left lower extremity radiculopathy with neurological impairment, and 20 percent for a lumbar spine disability, and seeks higher ratings. At the July 2021 hearing he indicated that each of the stated service-connected disabilities have increased in severity since he last underwent VA examinations in June 2015. Considering that the Veteran's service-connected disabilities have increased in severity, and mindful that the last VA examinations were more than 6 years ago, current examinations must be afforded to accurately assess the current level of severity of the service-connected disabilities. At the hearing, the Veteran reported having recent treatment at the Oklahoma City VA Medical Center (VAMC) and that he had an upcoming appointment with a VA doctor. On remand, all outstanding VA treatment records should be obtained. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records from July 2016 to the present. 2. Schedule the Veteran for an audiological examination by an appropriate VA clinician to determine the current severity of his service-connected bilateral hearing loss. The claims file should be provided to the examiner for review. All appropriate testing should be conducted. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's hearing loss disability under the rating criteria, as well as all current functional effects. A complete rationale should be provided for any opinion expressed. 3. Schedule the Veteran for a spine examination by an appropriate VA clinician to determine the current severity of his service-connected lumbar spine disability and radiculopathy of the right and left lower extremities. The claims file should be provided to the examiner for review. All appropriate testing should be conducted. a) The examiner is specifically asked to address range of motion of the lumbar spine on active and passive motion, and in weight-bearing and non-weight-bearing. Functional loss due to pain, weakness, fatigability, or incoordination and with repeated use over time; and flare-ups should also be addressed. b) The examiner should describe any impairment of function of the right and left lower extremities due to the radiculopathy. If the effects are only sensory in nature, the examiner should so state. The specific nerve(s) affected should be identified and the examiner should characterize the radiculopathy as mild, moderate, moderately severe, or severe with marked muscular atrophy, or indicate whether there is complete paralysis. In rendering the opinion, the examiner must consider the Veteran's lay statements regarding his disabilities. A complete rationale should be provided for any opinion expressed. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Young, 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.