The Veteran's initial rating for residuals from a fractured mandible was granted at 40 percent, effective October 30, 2018. The appeal is denied for an initial rating higher than 40 percent for the entirety of the appeal period.
The deciding factor: The VA determined that the Veteran’s condition warranted a 40 percent rating based on limitation of motion of the temporomandibular joint (TMJ) with inter-incisal range limited to at most 0 to 10 millimeters and bilateral lateral excursion limited to at most 0 to 4 millimeters.
- Claimed conditions
- fractured mandible
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 3, 2019
- Citation
- 19167719
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 19167719.
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.
- Remanded (sent back)
The Board has decided that the Veteran's service-connected residuals of fractured mandible do not warrant a rating in excess of 0 percent, and the claim for an increased rating is denied. The cervical spine fracture issue is remanded due to incomplete examination.
- Denied
The Veteran's claim for a higher evaluation prior to April 17, 2013 was denied as his interincisal range of motion remained within the 21 to 29 millimeters range and he could consume soft foods.,A 40 percent rating was granted effective April 17, 2013 due to limited interincisal motion between 11 and 20 millimeters and dietary restrictions to soft and semi-soft foods. The Veteran's condition warranted this evaluation as of that date.,The claim for a higher evaluation since April 17, 2013 was denied as his interincisal range of motion did not reach the level where it would warrant an evaluation in excess of 40 percent.
- Denied
The Veteran's claim for service connection for a dental disability is denied as there is no evidence of loss of substance of the maxilla or mandible due to an in-service injury, and compensation is not available for treatable carious teeth.
- Granted
The Veteran's left wrist injury and fractured mandible are granted service connection, with the Board finding in favor of a grant for the left wrist condition. The case is remanded for further development regarding the rating for the mandible fracture.
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