The Board found that the reduction of the rating for TMJ syndrome from 20 percent to 10 percent, effective October 1, 2016, was not proper and is void ab initio.
The deciding factor: The evidence did not demonstrate material improvement in the Veteran's condition during the one-year period immediately after the reduction.
- Claimed conditions
- TMJ syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 19, 2019
- Citation
- 19130871
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.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding service connection for chronic moderate generalized periodontitis and TMJ syndrome, including a lack of an addendum opinion on whether current TMJ syndrome is related to service.
- Denied
The Board denied the Veteran's claims for higher ratings for TMJ syndrome and chronic maxillary sinusitis, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.
- Denied
The Board has dismissed the appeals for service connection of depression, bilateral shin splints, chronic neck pain, anemia, and a disability involving the trigger finger due to withdrawal by the appellant. The veteran's irritable bowel syndrome with symptoms of heartburn and dysphagia is rated as 10% disabling since the date of service connection. Her urinary tract infection is also rated as 10% disabling since the date of service connection. Her vertigo is rated as 10% disabling since the date of service connection.
- Denied
The Board found that the veteran does not have a disability of the jaw attributable to service and TMJ syndrome is also not attributable to service. As such, the claims for service connection were denied.
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