The Veteran's TMJ dysfunction has not warranted a rating in excess of 10 percent. The issues of increased initial ratings for lumbosacral strain with degenerative arthritis and spinal stenosis, and radiculopathy of the left lower extremity are remanded due to inconsistencies in the recent medical records.
The deciding factor: The Veteran's TMJ dysfunction has not manifested in dietary restrictions or interincisal range less than 30 mm. The issues of increased initial ratings for lumbosacral strain with degenerative arthritis and spinal stenosis, and radiculopathy of the left lower extremity require further examination to determine current severity.
- Claimed conditions
- {"condition_name":"Temporomandibular Joint (TMJ) Dysfunction"}, Increased initial rating for lumbosacral strain with degenerative arthritis and spinal stenosis, Increased initial rating for radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2019
- Citation
- 19182645
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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