Citation Nr: 21069447
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 16-47 318
DATE: November 18, 2021

REMANDED

Entitlement to service connection for lumbar spine disability is remanded.

Entitlement to service connection right ear hearing loss is remanded.

Entitlement to service connection for major depressive disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the U.S. Marine Corps from November 2006 to November 2010.  He also had service in the U.S. Marine Corps reserves. 

The Veteran testified at a Board hearing in September 2019 before the undersigned Veterans Law Judge. 

The Board remanded the appeal in November 2019 in order to obtain addendum opinions and schedule him for VA examinations. 

1. Entitlement to service connection for lumbar spine disability is remanded.

The February 2020 VA examiner found the Veteran's lumbar spine disability was not a chronic condition.  Current x-rays of the Veteran's lumbar spine were normal and there was no evidence of degeneration of the spine.  However, a February 2015 x-ray report noted degenerative changes in the lumbar spine and May 2017 records show that he experienced ongoing pain related to degenerative disc changes.  

As such, an addendum opinion is warranted to address records showing degenerative changes in the lumbar spine. 

2. Entitlement to service connection right ear hearing loss is remanded.

The Veteran, through his authorized representative has argued that the last VA audiogram was flawed as it showed his hearing had improved, despite him having significant hearing loss both during and after service, as well as receiving hearing aids in 2010.  He has consistently reported that his hearing has worsened since service.

Remand is necessary to schedule the Veteran for a new VA hearing examination to determine the current nature and severity of his hearing loss. 

3. Entitlement to service connection for major depressive disorder is remanded.

The November 2020 VA examiner found that the Veteran's psychiatric disorder is related to his lumbar spine disability.  As such, it is considered inextricably intertwined with the appeal for lumbar spine disability.  A remand is necessary. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from a VA examiner addressing whether the Veteran has a lumbar spine disability that had its onset in or is otherwise related to service.  

The examiner is asked to review the Veteran's lay statements, as well as treatment records from February 2015 and May 2017 showing degenerative changes to the lumbar spine. 

The examiner should provide a rationale for all opinions reached.

2. Schedule the Veteran for a new VA hearing examination to determine the current nature and severity of his right ear hearing loss.  All appropriate testing should be conducted. 

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Price, Esq. 

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.