Citation Nr: 21023292 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 18-01 712 DATE: April 20, 2021 REMANDED Service connection for a low back disability is remanded. Service connection for right lower extremity condition is remanded. Service connection for left ear hearing loss is remanded. Service connection for left lower extremity condition is remanded. Service connection for left thumb condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the US Navy from August 1974 to August 1977. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran provided testimony at a hearing before the undersigned Veteran’s Law Judge in February 2020; a transcript of the proceedings has been associated with the claims file. 1. Service connection for a low back disability, left lower extremity condition and right lower extremity condition are remanded. The Veteran attended a VA examination in November 2015, and was diagnosed with lumbosacral strain. However, the examiner did not include a nexus opinion as to whether the Veteran's back disability was caused by or incurred in service, as the claim was originally labeled as one for nonservice-connected pension. An opinion is required for compliance with VA’s duty to assist the Veteran in a service connection claim. The Veteran has been diagnosed with a current disability and alleges that this disability arose from a documented in-service event. Remand for an examination and opinion is required. 38 C.F.R. § 3.159. 2. Service connection for left ear hearing loss is remanded. Service connection was denied in the absence of a left ear hearing disability for VA purposes. At the February 2020 hearing, the Veteran testified that the hearing in his left ear had worsened since the most recent 2016 VA examination, and ongoing treatment records do not include complete relevant findings. A new VA examination is required. Snuffer v. Gober, 10 Vet. App. 400 (1997). 3. Service connection for left thumb condition is remanded. The Veteran contends that he is disabled due to a left thumb injury that he suffered in service. He reports current symptomatology; while no current diagnosis is reflected in the record, pain which causes functional impairment may be a disability. Service treatment records show that the Veteran injured his left arm and hand in a flight deck fall in May 1975. The Veteran is competent to report the onset and nature of his thumb symptoms, and has a colorable claim of injury and nexus. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Remand for an examination is required. 38 U.S.C. § 5107; 38 C.F.R. § 3.159; McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. Associate updated VA records with the claims file. 2. Schedule the Veteran for a VA back examination; the claims folder must be reviewed in conjunction with the examination. The examiner must identify all current diagnoses of the low back. For each identified condition, the examiner must opine as to whether it is at least as likely as not (50 percent probability or greater) that any current back disabilities are caused or aggravated by service. The Veteran’s statements regarding the nature and onset of his lower back pain and the March 1974 incident where the Veteran was blown into the flight deck catapult apparatus must be discussed. The examiner must also address whether there are any diagnoses of the lower extremities, to include radiculopathy, related to the low back. A full and complete rationale for any opinion expressed is required. 3. Schedule the Veteran for a VA audio examination. The examiner must conduct all required testing to assess the presence and severity of any current left ear hearing loss. 4. Schedule the Veteran for a VA hand and thumb examination; the claims folder must be reviewed in conjunction with the examination. The examiner must identify any current diagnosis or disability affecting the Veteran's left thumb. For each identified condition, the examiner should provide an opinion as to whether is at least as likely as not (50 percent probability or greater) that any current thumb disabilities are caused or aggravated by service. The Veteran’s competent lay statements must be considered. A full and complete rationale for any opinion expressed is required. 5. Then, readjudicate the claims on appeal. If any benefit sought remains denied, issue an appropriate supplemental statement of the case and return the appeal to the Board if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Megan-Brady Viccellio 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.