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
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 an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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