The Board dismissed the appeal for an effective date of September 2, 2011, for a 30 percent disability rating for anxiety disorder as moot. The claim for an earlier effective date than June 23, 2015, for a 10 percent disability rating for TMJ was denied.
The deciding factor: The Board found that it is not factually ascertainable prior to the date assigned for a 10 percent rating that the Veteran's TMJ had progressed to causing range of motion measurements of 2 mm for lateral excursion and painful motion.
- Claimed conditions
- Anxiety disorder, Temporomandibular joint disorder (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 29, 2024
- Citation
- A24027818
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 A24027818.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The reduction in the rating for service-connected TMJ from 30 percent to 10 percent was improper, and the 30 percent rating is restored.
- Granted
The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depressive disorder. The evidence is at least in balance regarding whether his current conditions are related to his military service.
- Granted
The Veteran's service-connected anxiety disorder, lumbar strain with degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy contributed to his death from congestive heart failure. The claim for DIC under 38 U.S.C. § 1318 is denied as the Veteran did not meet the criteria of having a combined rating of at least one year immediately preceding death.
- Dismissed
The Veteran withdrew her claim for an earlier effective date for the assigned 10 percent rating for service-connected TMJ, and this appeal is dismissed.
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