Citation Nr: 21013283 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 16-11 299A DATE: March 9, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for a cervical spine disability is remanded. Entitlement to a disability rating in excess of 10 percent for a lumbar spine disability is remanded. Entitlement to a compensable disability rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1969 to January 1975 and from December 1980 to October 1993. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a January 2012 rating decision of the Waco, Texas, Regional Office (RO) of the Department of Veterans Affairs (VA). Entitlement to disability ratings in excess of 10 percent for a cervical spine disability and in excess of 10 percent for a lumbar spine disability The Veteran was last afforded a VA examination for his spine disabilities in November 2010, over ten years ago. Because this examination is too old to provide information regarding the current severity of the Veteran’s service-connected disabilities, the Board finds that new examinations are needed to fully and fairly evaluate the Veteran’s claims for increased ratings. Allday v. Brown, 7 Vet. App. 517 (1995). Furthermore, a VA examination of the joints must, wherever possible, include the results of the range of motion testing described in the final sentence of 38 C.F.R. § 4.59. That final sentence of § 4.59 directs that the joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing, and, if possible, with the range of the opposite undamaged joint. See Correia v. McDonald, 28 Vet. App. 158 (2016). Because the previously provided VA examination for the Veteran’s cervical spine and lumbar spine did not meet these requirements, VA must provide an additional examination. The Veteran stated in his substantive appeal, dated in March 2016, that he had recurrent visits scheduled for treatment and therapy for his service-connected spine disabilities. While on remand, the RO should make an attempt to obtain private treatment records from any facility treating the Veteran after securing any necessary authorization from him and obtain the identified evidence not associated with the file. Entitlement to a compensable disability rating for bilateral hearing loss The Veteran was last afforded a VA examination for his bilateral hearing loss disability in December 2010, over ten years ago. Because this examination is too old to provide information regarding the current severity of the Veteran’s service-connected disability, the Board finds that a new examination is needed to fully and fairly evaluate the Veteran’s claim for increased rating. Allday, supra. The Veteran stated in his substantive appeal that he had difficulty understanding what people said to him and that is was difficult, if not impossible, to hear in a crowded work environment. This warrants further inquiry upon examination. The matters are REMANDED for the following action: 1. Ask the Veteran to provide the names and addresses of all medical care providers, both private and VA, who may have additional records pertinent to the remanded claims. After the Veteran has signed any appropriate releases, any relevant records identified that are not duplicates of those already contained in the claims folder should be requested. If any requested records cannot be obtained, the Veteran should be notified of such. 2. Schedule the Veteran for a VA examination by an appropriate clinician to ascertain the current severity of his service-connected cervical spine disability and service-connected lumbar spine disability, to include the required testing pursuant to the holding in Correia. The examiner should report range of motion findings in degrees, on both active and passive range of motion testing, in weightbearing and non-weightbearing circumstances, in the examination report. If there are flare-ups, but the examination is not conducted during the flare-up, the examiner should estimate the functional impairment of the flare-up in terms of degrees lost from range of motion. If such cannot be estimated, then the examiner should explain why. The examiner should also discuss the impact the service-connected cervical spine disability and service-connected lumbar spine disability has on the ability to secure and follow substantially gainful employment. All opinions must be supported by a rationale. 3. Schedule the Veteran for a VA audiology evaluation to determine the severity of his bilateral hearing loss. The Veteran’s claims file should be reviewed in conjunction with the examination. All indicated audiological testing must be performed, and all findings reported in detail. The examiner must specifically comment on the functional effects of the Veteran’s hearing loss on occupational functioning and daily activities. The examiner should also discuss the impact the Veteran’s service-connected bilateral hearing loss disability has on his ability to obtain and maintain substantially gainful employment. All opinions must be supported by a rationale. 4. The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity to report for an examination. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A-L Evans, 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.