The Board denied the veteran's claims for an initial rating in excess of 10 percent for residuals of a hemilaminectomy and fragmentectomy at L4-5, and for an initial compensable rating for temporomandibular joint (TMJ) dysfunction. The evidence did not show that the veteran met the criteria for a higher rating under the applicable diagnostic codes.
The deciding factor: The medical evidence demonstrated inter-incisal range of motion within normal limits and no limitation in lateral excursion, which precluded a compensable rating based on Diagnostic Code 9905. The Board also found that the veteran did not meet the criteria for an extraschedular evaluation due to lack of marked interference with employment or frequent periods of hospitalization.
- Claimed conditions
- residuals of a hemilaminectomy and fragmentectomy at L4-5, TMJ dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 9, 2008
- Citation
- 0842396
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 0842396.
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: 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: Denied
The Board denied an effective date earlier than August 29, 2022, for the award of service connection for TMJ dysfunction.
- Whole decision: Granted
The Board granted service connection for TMJ dysfunction and an initial 20 percent rating for right ankle strain, resolving reasonable doubt in the Veteran's favor.
- Whole decision: Dismissed
The appeal was dismissed due to a finding of a duty to assist error related to the claim for service connection for depression, and the claim for service connection for bilateral hearing loss was denied.
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