The veteran's TMJ dysfunction was not related to service, and his sleep disturbance did not meet the criteria for a rating higher than 10 percent.
The deciding factor: The VA examiner concluded that the veteran's TMJ dysfunction resulted in referred ear pain but was not related to active service. The veteran's sleep disturbance did not meet the criteria for a higher rating as it was not manifested by at least one major seizure in the last two years or at least two minor seizures in the last six months.
- Claimed conditions
- temporomandibular joint (TMJ) dysfunction, sleep disturbance
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2008
- Citation
- 0813693
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a higher rating for sleep disturbance to correct an error in the duty to assist, specifically whether the Veteran's sleep disturbance symptoms are controlled by continuous medication.
- Remanded (sent back)
The Board remands the claim for service connection for major depression with psychosis to schedule a new VA examination.
- Partly granted
The Board denied service connection for migraines and remanded claims for sleep disturbance and an acquired psychiatric disorder, not to include PTSD.
- Dismissed
The appeal was dismissed due to an improper concurrent election of review options.
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