Citation Nr: 21076544 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 17-06 891 DATE: December 27, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to a rating higher than 20 percent for lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1975 to December 1996. These matters are before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Veteran testified at a Virtual Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. 1. Entitlement to service connection for bilateral hearing loss is remanded. The Board finds that a new VA examination should be provided to determine whether the Veteran currently has a hearing loss disability that meets the VA criteria. The Board concedes in-service noise exposure, and notes the Veteran is service connected for tinnitus due to in-service noise exposure. Testing during VA examination in March 2012 did not fully meet the disability criteria in 38 C.F.R. § 3.385, especially as relevant to the left ear. The Board notes that a February 2017 private audiogram appears to show bilateral hearing loss per VA compensation purposes; however, the private audiological evaluation report shows that speech recognition testing was not performed using the Maryland CNC word list. See February 2017 Medical Treatment Record-Non-Government Facility. Thus, the audiology evaluation is not adequate for VA rating purposes. See 38 C.F.R. § 4.85. The Veteran has reported as well as testified that his hearing loss is still present or noticeable. Post-service VA treatment records document a history of hearing loss, but no test results. As the most recent private audiological evaluation shows possible bilateral hearing loss per VA criteria, a new VA examination that is adequate for rating purposes should be provided to determine if there is now a current disability in either ear for VA rating purposes. 2. Entitlement to a rating higher than 20 percent for lumbar spine disability is remanded. During the August 2021 Virtual hearing, the Veteran testified that he believed his lumbar spine disability had worsened. He indicated that he has increased pain and an increased limited motion. He also stated that walking is limited more now than before, and he has difficulty getting up from a sitting position. Based on the Veteran's reports that his lumbar spine disability has worsened, and considering he was last evaluated for his lumbar spine in September 2017, the Board finds a remand is required in order to afford the Veteran a contemporaneous VA examination to determine his current level of disability. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records, not already associated with the claims file, dated from 2018 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine if he meets the VA disability criteria for hearing loss in either ear. 3. Schedule the Veteran for an examination with an appropriate clinician to determine the current severity of his lumbar spine disability. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's lumbar spine disability under the rating criteria. In doing so, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner does not have the knowledge or training. In addition, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements The examiner is also asked to assess any neurological manifestations due to the Veteran's lumbar spine disability. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. McPhaull, 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.