Citation Nr: 21077014 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 17-37 394 DATE: December 28, 2021 REMANDED Entitlement to a compensable rating for bilateral hearing loss is remanded. Entitlement to service connection for a lumbar spine condition (claimed as back) is remanded. Entitlement to service connection for a cervical spine condition (claimed as back) is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1977 to December 1980. This matter comes before the Board of Veterans' Appeals (Board) on appeal of February 2016 and May 2016 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing conducted by the undersigned Veterans Law Judge in July 2021. 1. Entitlement to a compensable rating for bilateral hearing loss is remanded. The Veteran was last afforded a VA examination with respect to this claim in February 2016. During the July 2021 Board hearing, the Veteran testified that his hearing impairment has increased in severity since his last examination. See July 2021 Hearing Transcript, page 16. Because the severity of the Veteran's bilateral hearing loss is unknown, a new VA examination is warranted. 38 C.F.R. §§ 3.326, 3.327; Snuffer v. Gober, 10 Vet. App. 400 (1997) (a veteran is entitled to a new VA examination where there is evidence that the condition has worsened since the last examination). 2. Entitlement to service connection for a lumbar spine condition (claimed as back) is remanded. 3. Entitlement to service connection for a cervical spine condition (claimed as back) is remanded. The Veteran contends that his lumbar spine and cervical spine conditions are related to active duty service. At his July 2021 Board hearing the Veteran testified that the pain in his back and neck are a result of working twelve hours a day as a mechanic during active duty. See July 2021 Hearing Transcript, page 3. He testified that he did not recall whether he got any medicine for the pain. Id. He testified that he complained to coworkers or supervisors about his pain. Id. at page 5. He testified that he went to a medical facility or dispensary while he was deployed to Spain to register complaints about the issues he was having. Id. at page 6. He testified that he sought treatment for his back and neck within six months post service and that it has been getting worse since. Id. at page 8-9. In August 2021, the Veteran submitted buddy statements in support of his claim. The Veteran's sisters indicated that they were aware of the Veteran's health issues from service and thereafter. His sister G.S. noted specifically that she was "perfectly aware of his health issues particularly around neck, hearing and back, ever since he has been out of the Navy." G.S. noted that his condition has worsened and affects his daily normal activities. The Veteran's former wife noted that during her marriage to the Veteran she was aware of and helped care for his medical issues from his time in the Navy. See August 2021 buddy statement. Specifically, she noted "many times he could not sleep well or hear her." She noted that she "spent many years helping manage his back and leg pain with whatever medications they could get." Id. She stated the "issues have been ongoing since they were married until now, and they continue to disturb him which keeps him from going through his day to day without pain." Id. F.K., indicated that he has known the Veteran for a long time, prior to joining the Navy. See August 2021 buddy statement. He noted that they met up after discharge from service and at that time he became aware of the Veteran's injuries from service. Id. He noted that they traveled and did voluntary work together during which time he noticed the Veteran was and is going through a lot of pain. Id. D.B., noted that he has known the Veteran for 25 years. He noted that the Veteran always talked about the time he served in the Navy and always brought up his back injury in the Navy. See August 2021 buddy statement. To date, the Veteran has not been examined by VA to determine the nature and etiology of any lumbar spine or cervical spine condition. In light of the Veteran's testimony that he has had ongoing pain since service and the buddy statements of record, the Board finds that a VA examination is warranted. The matters are REMANDED for the following action: 1. Contact the Veteran in order to have him identify the names and addresses of all health care providers who have treated him for the issues on appeal. The Veteran should also be notified that he may submit evidence or treatment records to support his claim. The AOJ should attempt to obtain any such records. All efforts to obtain such records should be documented in the claims folder. All available records should be associated with the Veteran's VA claims folder. 2. Obtain all relevant, outstanding VA treatment records. 3. Once the first two requests have been completed, schedule the Veteran for a VA audiological evaluation to determine the current severity of his service-connected bilateral hearing loss. The claims file should be made available to the examiner for review. All appropriate tests and studies should be accomplished, and all clinical findings should be reported in detail. 4. Then, schedule the Veteran for an examination with an appropriate medical professional to determine the nature and likely etiology of any lumbar spine and/or cervical spine disabilities. The Veteran's claims file must be made available to the examiner. After reviewing the record, the examiner should: (a.) Identify all lumbar spine disabilities diagnosed on examination. (b.) For any lumbar spine disability identified, opine as to whether it is at least as likely as not (50 percent probability or greater) the Veteran's lumbar disability had causal origins in service or is otherwise related to the Veteran's active duty service and explain why. (c.) Identify all cervical spine disabilities diagnosed on examination. (d.) For any cervical spine disability identified, opine as to whether it is at least as likely as not (50 percent probability or greater) the Veteran's cervical spine disability had causal origins in service or is otherwise related to the Veteran's active duty service and explain why. (e.) In rendering an opinion, the examiner should consider the lay statements of record, to include the Veteran's testimony during the July 2021 Board hearing. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be taken into account in formulating the requested opinion. However, if there is a medical reason to doubt its veracity, the examiner should explain why the Veteran's statements or recollection are inconsistent with the evidence in this case, medical principles relating to the onset and progress of the disease, the specific findings in the record, and/or your professional judgment. (f.) In rendering an opinion, the examiner should consider the August 2021 buddy statements provided by the Veteran. If the examiner determines that it is less likely than not that any of the Veteran's cervical and/or lumbar spine disabilities had their onset during his active service or are related to any aspect of active service, the examiner should discuss what other factor(s) caused the lumbar spine and cervical spine disability. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 5. Once each of the above requests have been completed, to the extent possible, readjudicate the appeal. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Aston, Associate 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.