Citation Nr: 21014291 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 18-17 484 DATE: March 11, 2021 REMANDED Service connection for a cervical spine disability is remanded. Service connection for shin splints of the right leg is remanded. Service connection for shin splints of the left leg is remanded. Service connection for bilateral hearing loss is remanded. Service connection for bilateral tinnitus is remanded. REASONS FOR REMAND The Veteran had active military service from May 1987 to August 1987 and from October 1988 to February 1992. On his March 2019 VA Form 9 (Substantive Appeal to the Board), the Veteran only mentioned these specific claims and did not additionally appeal the denial of his claims for service connection for sleep apnea, calculus of the gallbladder, gastrointestinal problems, fallen arches, or a personality disorder. Therefore, only the claims listed are currently on appeal. These claims require further development, however, before being decided on appeal.   1. Service connection for a cervical spine disability is remanded. 2. Service connection for shin splints of the right leg is remanded. 3. Service connection for shin splints of the left leg is remanded. 4. Service connection for bilateral hearing loss is remanded. 5. Service connection for bilateral tinnitus is remanded. VA examinations and/or medical opinions are needed to assist in deciding these claims. Although a VA medical opinion was obtained in March 2016 regarding a claim of entitlement to service connection for a low back (lumbar spine) disability, etiological opinions regarding these several other claims have not been obtained. This is especially significant because it remains unclear from the record whether the Veteran has a current cervical spine disability or shin splints or functional impairment of his earning capacity due to pain referable to his cervical spine and shins, even if there is no underlying diagnosis. It also at least appears he has a ratable hearing loss disability for VA compensation purposes, at least in his left ear, meaning sufficient hearing loss in this ear to at least satisfy the threshold minimum requirements of 38 C.F.R. § 3.385. He also has provided testimony that his current symptoms of neck pain, shin pain, hearing loss, and contended tinnitus are related to the circumstances of his service. Therefore, VA examinations and opinions concerning this purported correlation must be obtained. Accordingly, these claims are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his claimed cervical spine disability. The examiner is asked to respond to the following questions: a) Does the Veteran have a cervical spine disability? If not, does he have functional impairment of his earning capacity owing to symptoms referable to his cervical spine, even absent an underlying diagnosis? b) If the answer to either question in directive a) is yes, is it at least as likely as not the Veteran’s cervical spine disability or functional impairment of his cervical spine is related or attributable to his service, including to his reports of experiencing neck pain while completing training in service and experiencing neck pain following his separation from service? 2. Schedule the Veteran for a VA examination for his bilateral (left and right) shin splints. The examiner is asked to respond to the following questions: a) Does the Veteran have shin splints? If not, does he have functional impairment of his earning capacity owing to symptoms (e.g., pain, etc.) referable to his shins, even absent an underlying diagnosis? b) If the answer to either question is directive a) is yes, is it at least as likely as not the Veteran’s shin splints or functional impairment of his shins is related or attributable to his service, including when considering his April 1990 and January 1991 service treatment records (STRs) showing treatment for shin splints? 3. Schedule the Veteran for a VA examination for his contended bilateral hearing loss and tinnitus. The examiner is asked to respond to the following question: Is it at least as likely as not that any diagnosed bilateral hearing loss and/or tinnitus is related or attributable to the Veteran’s service, including especially to any acoustic trauma he sustained while in service? In making this determination, the examiner should take into consideration the audiograms done throughout the Veteran’s service and his reported duties and responsibilities in service in determining whether there was relevant injury (acoustic trauma). *Rationale for all opinions is essential, regardless of whether the opinions are favorable or unfavorable to the claims, preferably citing to evidence in the file supporting conclusions and/or accepted medical authority. KEITH W. ALLEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Erdheim 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.