The Board denied a rating higher than 10 percent for the veteran's service-connected residuals of a right temporomandibular articulation contusion with spur formation and traumatic arthritis, finding that the disability picture is already contemplated by the rating schedule.
The deciding factor: The inter-incisal range was to 40 mm without deviation and lateral excursion was greater than 4 mm., which meets the criteria for a 10 percent rating under Diagnostic Code 9905. However, as the disability is already rated at 10 percent under Diagnostic Code 9904 for malunion of the mandible, no higher ratings are granted.
- Claimed conditions
- residuals of a right temporomandibular articulation contusion, traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 27, 2008
- Citation
- 0829073
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 0829073.
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.
- Dismissed
The Veteran withdrew his appeal for a higher rating for service-connected right ankle with traumatic arthritis (claimed as right ankle instability). The Board dismissed the appeal.
- Denied
The Board denied the veteran's claim for a rating higher than 20% for his left shoulder disability, stating that the evidence did not support a higher rating.
- Remanded (sent back)
The Veteran's left hip disability is currently rated noncompensable due to painful motion but not showing flexion limited to 45 degrees or less. The Board has remanded the claims for GERD and a right hip disability.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA examination and further development is required. The Veteran's left wrist disability remains service-connected, but a compensable rating for the fracture is not granted. The issue of TDIU is also inextricably intertwined with the rating claim.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.