The Veteran's notice of disagreement (NOD) for the evaluation assigned for service-connected TMJ was timely received, and the Board has determined that this issue is within its jurisdiction. The RO must issue an SOC on the issue of entitlement to an initial rating in excess of 10 percent for service-connected TMJ.
The deciding factor: The Veteran's NOD was postmarked prior to expiration of the one-year period from the date of notification of the April 2016 rating decision, and thus was timely filed. However, it was not accepted as complete by VA due to incomplete information. The corrected NOD was received within the 60-day period following the notification of the RO's determination that the NOD was untimely.
- Claimed conditions
- temporomandibular joint disorder (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2019
- Citation
- 19195449
Veterans Law Judge
Decisions by this judge: 112 · Granted: 22% (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 19195449.
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 claim for a total disability rating based on individual employability (TDIU) and eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is granted with an effective date of April 5, 2021.,The TDIU was initially raised during the adjudication process of the underlying claim for service connection for TMJ.
- Dismissed
The Veteran withdrew his appeal concerning the issues of entitlement to service connection for various conditions, including TMJ, a bilateral feet disability, erectile dysfunction, GERD, hearing loss, sleep apnea, and IBS. The Board dismissed the appeal due to the withdrawal.
- Denied
The Veteran's radiculopathy of the right upper extremity is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 8511.,The Veteran's radiculopathy of the left upper extremity is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 8511.,The Veteran's TMJ disorder is currently rated at 20 percent.
- Granted
The Veteran's TDIU and DEA claims were granted effective from May 6, 2020. His SMC claim was denied as his service-connected disabilities did not affect his ability to work.
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