Citation Nr: 21011440 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 17-21 710 DATE: March 1, 2021 REMANDED Service connection for a lumbar spine disability is remanded. A rating higher than 40 percent prior to September 29, 2015, and higher than 30 percent as of November 1, 2016, for a right knee disability is remanded. A total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1975 to July 1979. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. This decision has been activated under the “one-touch” program, and as such, a transcript of the hearing will be associated with the claims file at a later date. Service connection for a lumbar spine disability The Board finds that a new VA examination is required to obtain an adequate opinion regarding the thoracolumbar spine. In an October 1978 service treatment record (STR), the Veteran reported that his “back went out” while helping to lift a drop tank. In December 1978, the Veteran developed middle back pain after jumping off of an airplane, assessed as thoracic strain. The Veteran has contended that he has had continuous back problems since service. In a December 2016 VA examination report, the examiner opined that it was less likely than not that current back pain is a continuation of back pain in service, given that there were only two notes of back pain in service. It is unclear from this rationale why two reports of in-service back problems are not sufficient to show continuity to current back pain. The Board finds that an additional opinion is needed ot fully address whether the Veteran’s current back conditions may be related to in-service complaints. Increased rating for a right knee disability The Board finds that a more contemporaneous VA examination is required to properly assess the current severity of the disability. The Veteran was provided a VA examination in July 2016. While, generally, the mere passage of time is not a sufficient basis for a new examination, the record indicates there may have been a worsening of the condition since the prior examination. Palczewski v. Nicholson, 21 Vet. App. 174 (2007). Therefore, remand is necessary to obtain a current examination. TDIU The Board finds that the issue of entitlement to a TDIU has been raised by the record. Rice v. Shinseki, 22 Vet. App. 447 (2009). At the February 2021 hearing, the Veteran testified that he could not work due to service-connected disabilities. Palczewski v. Nicholson, 21 Vet. App. 174 (2007). Therefore, remand is necessary to obtain a medical opinion regarding the impact of all service-connected disabilities on the Veteran’s ability to obtain and maintain employment. The matters are REMANDED for the following action: 1. Associate any pertinent VA or private medical records that are not already of record with the claims file. 2. Schedule the Veteran for a VA examination to determine the nature and etiology of any lumbar spine disability. The examiner must review the claims file, including previous VA examinations, and should note that review in the report. A complete history of onset and symptoms should be elicited from the Veteran. Any tests and studies deemed necessary should be conducted and all findings should be reported in detail. The examiner should opine as to whether it is at least as likely not (50 percent or greater probability) that any lumbar spine disability had its onset in service or is otherwise related to service. The examiner should specifically address service treatment records indicating a diagnosis of thoracic strain, and complaints of the Veteran’s back “going out” after lifting a drop tank. 3. Schedule the Veteran for a VA knee examination to ascertain the current severity of the Veteran’s service-connected right knee disability, to include limitation of flexion, extension, and instability. Efforts should be made to schedule the examination during a time of flare-up, if possible. The examiner must review the claims file and should note that review in the report. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner should provide a complete rationale for any opinions provided. 4. Schedule the Veteran for a VA examination with an appropriate medical doctor examiner. The examiner should describe the symptoms and effects of all of the service-connected disabilities on employment. If the Veteran is felt capable of work, the examiner should state what type of work and what accommodations would be necessary due to the service-connected disabilities. The examiner should set forth the complete rationale for all opinions expressed and conclusions reached. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board H. Ahmad, 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.