The Veteran's initial claims for increased ratings for cervical spine and TMJ disabilities were denied. The VA found that the conditions did not meet criteria for higher ratings based on range of motion, functional impairment, or other relevant factors.
The deciding factor: The VA determined that the Veteran’s disability did not warrant a rating in excess of the current assigned ratings under applicable diagnostic codes due to lack of evidence showing more severe limitations or complications.
- Claimed conditions
- Intervertebral disc disease (IVDS) of the cervical spine, Temporomandibular joint syndrome (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066387
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.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include insomnia and major depressive disorder with anxious distress, as secondary to the Veteran's service-connected bilateral knee disability. The claim for an earlier effective date for TMJ was denied, as well as a higher initial rating for TMJ. The claims for service connection for left and right shoulder conditions were remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection for various conditions, including allergic rhinitis, TMJ, cervical strain, and others, to correct a duty to assist error that occurred prior to the April 2024 rating decision on appeal.
- Denied
The Board denied an initial evaluation in excess of 20 percent for temporomandibular joint syndrome (TMJ) prior to February 13, 2006 and an evaluation in excess of 30 percent from February 13, 2006.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.