Citation Nr: 21010889 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 17-54 265 DATE: February 26, 2021 REMANDED Entitlement to service connection for a low back condition is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from June 1966 to May 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2020, the Veteran testified before the undersigned Veterans Law Judge at a hearing held via live videoconference. A transcript of that hearing is of record. Inasmuch as the Board regrets any further delay in the adjudication of these appeals, a remand is necessary. 1. Entitlement to service connection for a low back condition is remanded. The Veteran was afforded an examination for his low back condition in August 2017. Although diagnoses were given for degenerative arthritis of the spine and spinal fusion during the exam, the examiner opined against any connection to service for the diagnosed conditions. Specifically, the examiner stated that the present diagnoses were not the same conditions that were treated in service because there was no documented evidence of continued problems from the end of active duty in 1969 until 1996 – when the Veteran suffered the first of his two post-service motor vehicle accidents. However, the negative rationale reasoned that the Veteran’s in-service back condition was acute and resolved itself prior to his separation. While the examiner states that his separation exam notes his back as “normal,” the Veteran also checked “yes” when asked whether he had “back trouble of any kind.” The separation notes also indicate that at separation he still suffered from an occasional “mild burning sensation in back after long sitting” or standing at attention. Because the August 2017 examiner based the negative opinion on an incorrect factual premise and failed to consider the Veteran’s competent reports of ongoing symptomatology since service, an addendum opinion must be obtained. 2. Entitlement to service connection for bilateral hearing loss is remanded. 3. Entitlement to service connection for tinnitus is remanded. The Veteran was afforded a VA examination for the above conditions in September 2016. After a review of that examination report and resulting opinion, the Board finds that the examination itself was inadequate and a new examination must be obtained. Specifically, in his hearing the Veteran testified that the examiner seemed to have already made her decision prior to meeting him. He alleged that the examiner encouraged him towards the correct answer on a portion of the hearing test. Finally, during his testimony he expressed a willingness to appear for another such examination in the furtherance of his claims for bilateral hearing loss and tinnitus. Given the Veteran’s contentions regarding that examination and the length of time since his last examination, the Board determines that in order to properly adjudicate the Veteran’s claims for bilateral hearing loss and tinnitus, a new examination must be provided. The matters are REMANDED for the following action: 1. The RO should invite the Veteran to submit any additional evidence to support his claims for a low back condition, bilateral hearing loss and tinnitus. 2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s current low back condition is at least as likely as not related to his in-service reports of low back pain. In providing the requested opinion, the examiner should be sure to discuss his own reports of ongoing pain and other symptoms since service as well as the March 1969 separation exam in which he reported a mild burning sensation in his low back. 3. Schedule the Veteran for a new VA examination to determine the nature, extent, onset and etiology of his bilateral hearing loss and tinnitus. The complete claims file should be made available to the examiner. The examiner should provide a detailed report of the Veteran’s bilateral hearing loss and tinnitus, to include audiogram results. For each diagnosed disorder, the examiner should provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that any currently diagnosed disorder is etiologically related to the Veteran’s period of service. All opinions should be accompanied by adequate reasons and bases. If the examiner cannot provide the requested opinion without resorting to mere speculation, they should provide a complete explanation stating why this is so. 4. The RO should undertake any other development deemed necessary in order to readjudicate the Veteran’s low back condition, bilateral hearing loss and tinnitus claims. If any of the remaining benefits on appeal are denied, the RO should return those claims to the Board for further appellate review. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. McDonald