The Veteran's appeal for an earlier effective date for the award of service connection for right TMJ dysfunction was denied. The Board found that the Veteran did not meet the threshold requirements to claim clear and unmistakable error (CUE) in the May 2007 rating decision, thus dismissing his appeal without prejudice.
The deciding factor: The Veteran's contentions regarding CUE were dismissed as they pertained to how VA developed his December 2005 claim prior to its ultimate denial in the May 2007 rating decision. The Board found that these issues do not constitute clear and unmistakable error (CUE).
- Claimed conditions
- right temporomandibular joint (TMJ) dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2020
- Citation
- A20015981
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.
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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