Citation Nr: 21010862 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 16-03 936 DATE: February 25, 2021 REMANDED Entitlement to service connection for bilateral hearing loss disability is remanded. Entitlement to an initial compensable rating for degenerative disc disease of the lumbar spine (hereinafter “back disability”) is remanded. Entitlement to an initial compensable rating for right upper extremity thoracic outlet syndrome is remanded. Entitlement to an initial compensable rating for left upper extremity thoracic outlet syndrome is remanded. REASONS FOR REMAND The Veteran had active air service from September 1985 to January 2011. This case comes before the Board of Veterans’ Appeals (Board) on appeal from July 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board finds that additional development is required before the claims on appeal are decided. In June 2013, the Veteran was afforded a VA audiology evaluation. Audiometric testing at that time did show the Veteran to have hearing loss for VA purposes. See 38 C.F.R. § 3.385 (2019). However, the Board notes that in the July 2013 rating decision, the Veteran was granted entitlement to service connection for tinnitus. As such, it has been conceded that the Veteran sustained acoustic trauma while in active service. In his January 2016 substantive appeal, the Veteran indicated that his hearing impairment had increased in severity. As such, the Veteran should be afforded a new VA audiology evaluation to determine whether he has bilateral hearing loss disability for VA purposes that is related to his active service. A review of the record shows that in his January 2016 substantive appeal, the Veteran reported that his back disability, and right and left upper extremity thoracic outlet syndrome had increased in severity. The Veteran was last afforded a VA examination for those disabilities in June 2013. As the Veteran has indicated his symptoms have gotten worse, the Board finds that the Veteran should be afforded new VA examinations to determine the current level of severity of all impairment resulting from his service-connected back disability, and right and left upper extremity thoracic outlet syndrome. Additionally, current treatment records should be identified and obtained before a decision is made in this case. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for an examination to determine the nature and etiology of any currently present bilateral hearing loss disability. The claims file must be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed. Based on the examination results and review of the record, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present bilateral hearing loss disability is etiologically related to acoustic trauma sustained in active service. The examiner must consider the Veteran’s lay statements regarding the onset and continuity of his hearing impairment. Further, the examiner must concede that the Veteran sustained acoustic trauma while he was in active service. A complete and detailed rationale for all opinions expressed must be provided. 3. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his service-connected back disability. The claims file must be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed. The examiner must provide all information required for rating purposes; to specifically include whether the Veteran is significantly limited by pain, weakness, fatigability, or incoordination following repeated use over a period of time or during a flare-up. 4. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his service-connected right and left upper extremity thoracic outlet syndrome. The claims file must be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed. The examiner must provide all information required for rating purposes 5. Confirm that the VA examination reports and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted. 6. Then, readjudicate the appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ivan Franklin 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.