The veteran's service-connected residuals, fracture, left condyle are productive of complaints of bilateral jaw pain and 'frequent popping out of place,' and an inter-incisal opening of 34 millimeters. The Board finds that an initial rating in excess of 10 percent under DC 9905 is not warranted.
The deciding factor: The veteran's residuals, fracture, left condyle are productive of complaints of bilateral jaw pain and 'frequent popping out of place,' and an inter-incisal opening of 34 millimeters. The preponderance of the evidence does not show that the veteran's functional loss due to his service-connected disability impairs him to such a degree that he has the equivalent of the criteria as required for a rating in excess of 10 percent.
- Claimed conditions
- residuals, fracture, left condyle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 3, 2006
- Citation
- 0606100
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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- Dismissed
The Veteran withdrew his appeal, so the case is dismissed.
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