The Veteran's claim for a sleep disorder is denied as there is no evidence of a current diagnosis.,An increased 20 percent rating, but no higher, has been granted for the right shoulder/collarbone disability from November 12, 2010 to October 15, 2018. The Veteran's claim for an increase in disability rating beyond this period is denied.,The Veteran's claim for a disability rating in excess of 10 percent for residuals of left thumb fracture (claimed as traumatic arthritis) has been granted from November 3, 2011 to October 15, 2018. The Veteran's claim for an increase in disability rating beyond this period is denied.,The Veteran's claim for a disability rating in excess of 10 percent for residuals of fractured right ankle remains denied.,The Veteran's claim for a disability rating in excess of 10 percent for residuals of left patella fracture, left knee remains denied.,The Veteran's claim for an increased 20 percent rating for degenerative disc disease of the lumbar spine has been granted from March 4, 2011 to October 15, 2018. The Veteran's claim for a disability rating in excess of this period is denied.,The Veteran's claim for an increased rating for sciatic radiculopathy in the right lower extremity remains denied.

The deciding factor: There is no current diagnosis of sleep disorder found in the medical records provided by the Veteran or any other competent medical source. The Veteran’s service-connected psychiatric impairment already includes a component of sleep disturbance.,The evidence shows that the Veteran's right shoulder/collarbone disability was manifested by functional impairment from limitation of motion at the shoulder level, but not to a degree warranting an increase in rating beyond 20 percent. This increase is factually ascertainable as occurring on November 12, 2010.,The evidence shows that the Veteran's residuals of left thumb fracture were manifested by functional impairment from painful motion confirmed by objective clinical observation, but not to a degree warranting an increase in rating beyond 10 percent. This increase is factually ascertainable as occurring on November 3, 2011.,The evidence shows that the Veteran's residuals of fractured right ankle were manifested by moderate limitation of motion of the right ankle, which does not meet the criteria for a higher disability rating.,The evidence shows that the Veteran's left knee disability was not shown to have been manifested by ankylosis, recurrent subluxation or lateral instability, dislocated or removed semilunar cartilage, flexion limited to 45 degrees, extension limited to 10 degrees, malunion of the tibia and fibula, or genu recurvatum. Therefore, a higher disability rating is not warranted.,The evidence shows that the Veteran's degenerative disc disease of the lumbar spine was manifested by functional impairment of motion reasonably compatible with limitation of forward flexion to 60 degrees, which does not meet the criteria for a higher disability rating.,The evidence shows that the Veteran's sciatic radiculopathy in the right lower extremity has been of no greater than a moderate degree of severity.

Claimed conditions

sleep disorder, right shoulder / collarbone disability, left thumb / first metacarpal bone fracture, fractured right ankle, left knee disability, degenerative disc disease of the lumbar spine, sciatic radiculopathy in the right lower extremity

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 18, 2020

Citation

20074000