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 assigned
- 10%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0842396.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Denied
The Board denied an effective date earlier than August 29, 2022, for the award of service connection for TMJ dysfunction.
- 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.
- 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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