Citation Nr: 21024593 Decision Date: 04/23/21 Archive Date: 04/23/21 DOCKET NO. 16-62 306 DATE: April 23, 2021 REMANDED Entitlement to service connection for lumbar spine disability is remanded. Entitlement to service connection for left ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1984 and March 1988. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2015 rating decision issued by the RO. In March 2021, the Veteran testified at a hearing before the undersigned acting Veterans Law Judge (VLJ). A hearing transcript is in the record. See March 2021 Hearing Transcript. 1. Entitlement to service connection for left hearing loss disability is remanded. The Veteran is service connected for right ear hearing loss and the Veteran’s most recent VA left ear hearing loss examination, which did not show left ear hearing loss disability under 38 C.F.R. § 3.385, was in July 2016. See July 2016 Examination. The Veteran testified before the undersigned that his hearing loss had worsened since he was last examined by VA. The Board finds a VA examination to determine whether the Veteran has left ear hearing loss for VA purposes is warranted. 2. Entitlement to service connection for left ear hearing loss is remanded. The Veteran testified before the undersigned that he experienced the onset of low back pain in service as a result heavy labor repairing runways and working in construction. The Veteran reported he sought treatment for low back pain from VA in 2006 and has not been seen for back pain by other providers. VA treatment records from the Veteran’s discharge to the present should be obtained on remand. Bell v. Derwinski, 2 Vet. App. 611 (1992) (VA medical records are in constructive possession of the agency and must be obtained if the material could be determinative of the claim). The Veteran has not been afforded a VA examination and the Board finds that a remand is warranted to provide the Veteran a VA medical examination for this claimed disability. McClendon v. Nicholson, 20 Vet. App. 79 (2006); 38 C.F.R. § 3.159(c)(4)(i). The matters are REMANDED for the following action: 1. Obtain all VA medical records from the Veteran’s discharge to the present. 2. Schedule the Veteran for an audiological examination to obtain an opinion as to the nature and etiology of his left ear hearing loss. All indicated tests and studies should be accomplished and the findings reported in detail. Does the Veteran have left ear hearing loss for VA purposes? If the Veteran has left ear hearing loss for VA purposes, was it incurred in or caused by service? 3. Schedule the Veteran for an examination to determine the etiology of his claimed lumbar spine disability. The examiner is directed to review the hearing transcript and note the Veteran’s description of heavy labor while in service. The examiner should provide the following opinion: is it at least as likely as not the Veteran manifests a lumbar spine disability that was incurred in service or is due to injury or disease in service? If the examiner finds reason to doubt the medical history as reported by the Veteran, the examiner must provide sufficient detail and rationale in support of their opinion. J. B. FREEMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Trickey 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.