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Dismissed

The Veteran's appeal for a higher disability evaluation for temporomandibular joint disorder, status post left mandibular fracture, was withdrawn. The claim for an initial maximum schedular disability evaluation of 50 percent for migraine headaches is granted. The issues of service connection for left shoulder, right shoulder, low back, and neck disorders are remanded.

The deciding factor: The Veteran withdrew his appeal regarding the higher disability evaluation for temporomandibular joint disorder, status post left mandibular fracture, at his July 2021 Board virtual hearing. The claim for a maximum schedular rating of 50 percent for migraine headaches is granted based on very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

Claimed conditions
temporomandibular joint disorder, migraine headaches, left shoulder disorder, right shoulder disorder, low back disorder, neck disorder
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
50%
Decision date
May 16, 2022
Citation
22028871

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 22028871.

What this means for you

A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.

What you can do next

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