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.
The deciding factor: The medical evidence did not demonstrate incapacitating episodes or more than six non-incapacitating episodes of sinusitis in a single year, which are required for higher ratings.
- Claimed conditions
- TMJ syndrome, chronic maxillary sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180511
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 remands the issue of entitlement to an initial compensable disability rating for chronic maxillary sinusitis due to a lack of medical evidence regarding the nature and severity of the condition.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, except for granting service connection for a left knee scar as secondary to his total knee replacement.
- Remanded (sent back)
The Board remands the claim for an increased rating for chronic maxillary sinusitis with chronic sphenoidal sinusitis, deviated nasal septum and sinus headaches to obtain additional evidence regarding the severity of the Veteran's sinusitis without the ameliorative effects of medication.
- Granted
The Board granted an initial rating of 30 percent for chronic maxillary sinusitis and a 10 percent rating for traumatic deviation of nasal septum, effective March 16, 2022.
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