The Board has determined that the veteran's TMJ disability, which is currently rated at 40 percent, does not warrant a higher evaluation as there is no evidence of frequent hospitalization or marked interference with employment. The postoperative hemorrhoids are also rated at their maximum compensable level (40 percent).
The deciding factor: The veteran's TMJ disability has been evaluated based on the limitation of inter-incisal movement, which currently meets the criteria for a 40 percent evaluation under Diagnostic Code 9905. The postoperative hemorrhoids are rated at their maximum compensable level (40 percent) due to their current severity and lack of additional functional impairment.
- Claimed conditions
- Recurrent neck sprain with degenerative changes, Temporomandibular joint (TMJ) dysfunction, Postoperative hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 16, 2006
- Citation
- 0604470
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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