The Board has determined that the earliest date upon which it is factually ascertainable that the veteran's TMJ disability increased in severity was October 30, 1991. Therefore, an effective date earlier than October 30, 1991 for a 20% rating cannot be assigned.
The deciding factor: The earliest medical evidence showing an increase in disability is the October 30, 1991 treatment record, which does not reflect the actual criteria required for assignment of a 20% rating. The veteran's subsequent assertions about having had severe problems since service do not aid in determining if there was a date certain between May 1991 and May 1992 when he experienced an increase in symptomatology within one year of his claim.
- Claimed conditions
- Post-operative residuals of bilateral temporomandibular joint (TMJ) disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 28, 2008
- Citation
- 0817485
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 0817485.
What this means for you
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What you can do next
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- Granted
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