The Board has restored the initial 20 percent rating for TMJ dysfunction, effective October 2, 2008, after finding that the RO failed to consider and apply the provisions of 38 C.F.R. § 3.344 in reducing the rating.
The deciding factor: The reduction was not in accordance with law due to failure to consider the provisions of 38 C.F.R. § 3.344, which governs reductions in disability ratings.
- Claimed conditions
- TMJ dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 5, 2012
- Citation
- 1200321
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 1200321.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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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