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
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.
- Denied
The Board denied the Veteran's claim for an initial rating greater than 10 percent for temporomandibular joint disorder (TMJ) as the evidence did not show a vertical inter-incisal opening measured between 21 to 29 mm even when considering flare-ups or dietary restrictions.
- Granted
The Veteran's depressive disorder alone rendered her unable to secure or follow substantially gainful employment, and she is entitled to a TDIU for accrued benefits purposes on and from December 19, 2015. Additionally, the Veteran meets the criteria for SMC based on statutory housebound criteria for accrued benefits purposes.
- Partly granted
The Board granted service connection for temporomandibular joint disorder (TMJ) as secondary to posttraumatic stress disorder (PTSD), and granted a 10 percent rating for left hip limitation of extension, while denying other claims.
- Partly granted
The Board granted a 50 percent rating for tension headaches and a 50 percent rating for left knee strain, limitation of extension, while denying ratings in excess of 30 percent for TMJ and a compensable rating for alopecia areata. The decision also granted 20 percent ratings for left and right knee strains with limitations on flexion and extension.
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