The Board has determined that the Veteran's TMJ condition is currently rated at 40 percent from May 20, 2011 to September 9, 2017 and at 50 percent thereafter. The issues of service connection for sinusitis, dizziness (claimed as vertigo), earaches, GERD, and a TDIU prior to January 5, 2017 are remanded.
The deciding factor: The evidence is in equipoise regarding the Veteran's interincisal range of motion with dietary restrictions to all mechanically altered foods, which supports the current ratings for TMJ.
- Claimed conditions
- Temporomandibular Joint Disorder (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2019
- Citation
- 19183626
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected PTSD prevents her from securing or following a substantially gainful occupation, and she has met the threshold minimum percentage requirements for a TDIU. Additionally, she is entitled to special monthly compensation at the housebound rate.
- Partly granted
The Board denied a rating in excess of 10 percent for temporomandibular joint disorder and remanded the claims for service connection for left knee, right knee, and erectile dysfunction disabilities.
- Partly granted
The Board granted service connection for temporomandibular mandibular joint (TMJ) disorder, secondary to the Veteran's service-connected psychiatric disability on an aggravation basis. The claim for obstructive sleep apnea (OSA), to include as secondary to service-connected disabilities, was remanded for further development.
- Remanded (sent back)
The Board has denied service connection for hypertension and TMJ disorder due to lack of evidence linking these conditions to the Veteran's military service. The case is remanded for further development.
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