The Veteran's low back disorder is not service-connected and there is no evidence of arthritis or other chronic disease in the initial post-service year. The current degenerative joint and disc disease is not related to the service-connected pes planus with hammertoes, Morton's metatarsalgia, and right hallux rigidus.,The Veteran does not have a currently diagnosed bilateral knee disorder that is attributable to or related to service or etiologically related to the service-connected pes planus with hammertoes, Morton's metatarsalgia, and right hallux rigidus. The Veteran also does not have bilateral hearing loss within VA's definition.,The Veteran's refractive error of the eye was not subject to inservice superimposed disease or injury.
The deciding factor: The low back disorder is not service-connected as it is not attributable to or related to service, arthritis may not be presumed to have been incurred or aggravated in service, and there is no evidence that the current degenerative joint and disc disease is proximately due to, the result of, or aggravated by the service-connected pes planus with hammertoes, Morton's metatarsalgia, and right hallux rigidus.,The Veteran does not have a currently diagnosed bilateral knee disorder. The Veteran also does not have bilateral hearing loss within VA's definition. The Veteran's refractive error of the eye was not subject to inservice superimposed disease or injury.
- Claimed conditions
- Degenerative joint and disc disease of the low back, Bilateral knee disorder, Bilateral hearing loss, Eye condition (refractive error)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2013
- Citation
- 1309163
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1309163.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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