The veteran's appeal of the claim for service connection for fibrocystic breast disease has been withdrawn.,The veteran's TMJ dysfunction is currently rated at 20 percent, and a higher evaluation is not warranted under the applicable rating criteria.,The veteran's degenerative disc disease of the cervical spine is currently rated at 10 percent, and a higher evaluation is not warranted under the applicable rating criteria.,The veteran's right upper quadrant cholecystectomy and appendectomy scar is currently rated as noncompensably disabling, and a compensable evaluation is not warranted under the applicable rating criteria.,Based on her service-connected disabilities, including depression, obstructive sleep apnea, irritable bowel syndrome, duodenal ulcer disease, gastroesophageal reflux disease, TMJ dysfunction, cervical strain, scar excision for Morton's neuroma of the right foot, and left arm ulnar neuropathy associated with cervical sprain, the veteran is granted a total disability rating based on individual unemployability.
The deciding factor: The criteria for an evaluation in excess of 20 percent for TMJ dysfunction are not met.,The criteria for an evaluation in excess of 10 percent for degenerative disc disease of the cervical spine are not met.,The veteran's right upper quadrant cholecystectomy and appendectomy scar is not shown to be painful or unstable, and there is no underlying soft tissue damage, frequent loss of skin, or functional limitation attributable to the scar. Therefore, a compensable evaluation is not warranted under the applicable rating criteria.,Based on her service-connected disabilities, including depression, obstructive sleep apnea, irritable bowel syndrome, duodenal ulcer disease, gastroesophageal reflux disease, TMJ dysfunction, cervical strain, and left arm ulnar neuropathy associated with cervical sprain, the veteran is unemployable.
- Claimed conditions
- fibrocystic breast disease, TMJ dysfunction, degenerative disc disease of the cervical spine, cholecystectomy and appendectomy scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 16, 2008
- Citation
- 0823411
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. Search VA.gov for the original decision (opens in a new tab) using citation 0823411.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Whole decision: Denied
The Veteran's appeal for an increased rating for tinnitus is denied as his disability has already been rated at the maximum allowable level.,Service connection for bilateral hearing loss is denied because there is no evidence of a current hearing loss disability for VA purposes during the pendency of this appeal.,Service connection for a right shoulder disorder, headaches, TMJ dysfunction, hypertension, vertigo, and respiratory condition are all denied as there is no persuasive evidence that these conditions were incurred or aggravated by service.
- Whole decision: Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered her unable to secure and follow a substantially gainful employment for the periods on appeal prior to May 2, 2020, and after June 1, 2020. For the period from March 2, 2020, to June 1, 2020, she was in receipt of a 100 percent schedular rating for total left wrist fusion.
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