The veteran's increased rating claim for status post fracture of the left mandible and his left neck scar were both granted. He is now rated at 10 percent for each condition.
The deciding factor: The interincisal distance was found to be 39 millimeters, which does not meet the criteria for a higher rating under Diagnostic Code 9905. The veteran's left neck scar was rated as moderately disfiguring and assigned a 10% rating based on the old criteria.
- Claimed conditions
- status post fracture of the left mandible, left neck scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 5, 2004
- Citation
- 0427485
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 0427485.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's service connection for left neck scar was granted, while the claims for left sciatic radicular pain, hypoesthesia, paresthesia of the left lower extremity, right ankle pain, and right wrist and hand pain were denied.
- Remanded (sent back)
The Board has remanded several secondary service connection claims for the Veteran's head and neck cancer, including loss of taste, swallowing difficulty, a left neck scar, post-operative nerve involvement of the neck and throat (CN IX and XII), and post-operative nerve involvement of the jaw (CN VII). The remand is due to additional development needed regarding whether the Veteran acquired HPV in service or if his in-service throat infections rendered him more susceptible to contracting HPV.
- Denied
The Veteran's service-connected disabilities, including migraine headaches and major depressive disorder, are not sufficient to qualify for a TDIU due to his failure to submit the required VA Form 21-8940.
- Granted
The Veteran's service-connected disabilities (small cell lung cancer with asbestosis, esophageal cancer, and left neck scar) prevent him from obtaining and retaining substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU).
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