The Veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine has been denied.,The Veteran's claims for ratings in excess of 50 percent for service-connected headaches, and 10 percent for vertigo have all been denied.,The Veteran's claim for a compensable rating for bilateral hearing loss has been denied.,The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied.,The Veteran's claims for ratings in excess of 50 percent for sleep apnea have all been denied.,The effective dates for the grants of service connection for right lower extremity sciatic radulopathy, femoral radulopathy, and sleep apnea have all been denied.,The claim for a rating in excess of 20 percent for right lower extremity sciatic radulopathy prior to May 27, 2021, and in excess of 40 percent thereafter has been remanded.,The claim for a rating in excess of 20 percent for right lower extremity femoral nerve radulopathy has been remanded.,The Veteran's claims for automobile or other conveyance and adaptive equipment have been remanded.

The deciding factor: The Veteran's degenerative disc disease of the thoracolumbar spine does not meet the criteria for a rating in excess of 40 percent as it has not manifested with unfavorable ankylosis of the entire thoracolumbar spine or entire spine, nor have his symptoms been analogous to such.,There is no legal basis for a schedular rating in excess of 50 percent for service-connected headaches and remand for referral for consideration on an extraschedular basis is not warranted.,The Veteran's vertigo has manifested with episodes of dizziness but not occasional staggering, which does not meet the criteria for a rating in excess of 10 percent.,Veteran's bilateral hearing has manifested with hearing acuity of no worse than Level I in the right ear and no worse than Level II in the left ear, which does not meet the criteria for a compensable rating.,The Veteran's service-connected tinnitus is assigned the maximum rating authorized under Diagnostic Code 6260, and an extraschedular rating has not been sufficiently raised by the Veteran or the record.,The Veteran's sleep apnea does not manifest with chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor does it require a tracheostomy, which does not meet the criteria for a rating in excess of 50 percent.,The effective dates for the grants of service connection for right lower extremity sciatic radulopathy, femoral radulopathy, and sleep apnea have all been denied as they existed prior to October 29, 2014.,The claim for a rating in excess of 20 percent for right lower extremity sciatic radulopathy prior to May 27, 2021, and in excess of 40 percent thereafter has been remanded as the evidence is insufficient to determine if such ratings are warranted.,The claim for a rating in excess of 20 percent for right lower extremity femoral nerve radulopathy has been remanded as the evidence is insufficient to determine if such a rating is warranted.

Claimed conditions

Degenerative disc disease of the thoracolumbar spine, Vertigo, Bilateral hearing loss, Tinnitus, Sleep apnea

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 4, 2021

Citation

21067649

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 21067649.