The Veteran's appeals for a compensable initial rating for TMJ and a separate rating for left leg shin splints were denied as the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.
The deciding factor: The medical evidence did not show interincisal range or lateral excursion of the jaw that would warrant a compensable rating, and the Veteran's shin splints are already captured by his left knee patellofemoral pain syndrome rating.
- Claimed conditions
- TMJ, left leg shin splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2020
- Citation
- 20081334
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 denied service connection for upper chest wall pain and right sciatic radicular pain, while remanding claims for secondary service connection involving the feet, legs, and ankles.
- Partly granted
The Board granted service connection for several conditions, including OSA, cervical spine condition, left shoulder condition, right shoulder condition, and others, but dismissed appeals for obesity, TMJ, insomnia, left elbow, and right elbow. The Board also denied an earlier effective date for a 70% rating for acquired psychiatric disorder.
- Denied
The Board denied service connection for right foot plantar fasciitis, left ankle achilles tendinopathy, post-traumatic (concussion) headaches, and TBI. The appeal for an earlier effective date was also denied.
- Denied
The Board denied service connection for bilateral shin splints, a bilateral knee disability, a left shoulder disability, and a left chest disability, as well as a rating in excess of 70 percent for an acquired psychiatric disorder.
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