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
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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 Veteran's claims for an initial compensable disability rating for chronic maxillary sinusitis and service connection for an acquired psychiatric disorder are being remanded due to deficiencies in the prior examinations and potential errors in obtaining necessary medical opinions.
- Denied
The Veteran's TMJ disability is currently rated at 10 percent, and the Board finds that an increased rating in excess of this level is not warranted based on the evidence of record.
- Remanded (sent back)
The Board has remanded the claims for GERD, TMJ syndrome, and migraine condition due to new evidence submitted after the May 2024 rating decision. The Veteran's MOS of cannon crewmember exposed him to various toxic exposures in service.
- Granted
The Veteran's chronic maxillary sinusitis is granted an initial rating of 30 percent, but not higher, for the entire period on appeal.
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