The Veteran's TMJ disability is not rated higher than 10 percent, as the inter-incisal range does not meet the criteria for a higher rating.,For his back disability prior to December 6, 2016, the Veteran was not entitled to more than a 10 percent rating. From that date onwards, he is rated at 20 percent.,The effective date of service connection for left lower extremity radiculopathy has been set at October 2, 2013.,The Veteran's TDIU claim was granted.
The deciding factor: None of the individual increased rating claims are granted in this case. The evidence does not show that the Veteran’s TMJ or back disabilities warrant higher ratings based on their current manifestations.,For his back disability, the objective evidence did not indicate forward flexion of the thoracolumbar spine less than 30 degrees or ankylosis. For left lower extremity radiculopathy, the evidence did not show it to be more severe than mild prior to July 2018 and moderate thereafter.,The Veteran's effective date for service connection was set at October 2, 2013, as this is when his disability became factually ascertainable. The claim for earlier effective dates is denied.,The Veteran’s complete disabilities render him unemployable.
- Claimed conditions
- Temporomandibular joint (TMJ) disability, Back disability, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2020
- Citation
- 20081331
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (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 20081331.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
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