The appeal for an earlier effective date of service connection for TMJ due to a clear and unmistakable error was dismissed as untimely.
The deciding factor: The NOD was not filed within the one-year period following the issuance of the rating decision, and there was no good cause shown for the delay.
- Claimed conditions
- temporomandibular joint disorder (TMJ)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2025
- Citation
- A25027616
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claim for an initial rating greater than 10 percent for temporomandibular joint disorder (TMJ) as the evidence did not show a vertical inter-incisal opening measured between 21 to 29 mm even when considering flare-ups or dietary restrictions.
- Granted
The Veteran's depressive disorder alone rendered her unable to secure or follow substantially gainful employment, and she is entitled to a TDIU for accrued benefits purposes on and from December 19, 2015. Additionally, the Veteran meets the criteria for SMC based on statutory housebound criteria for accrued benefits purposes.
- Partly granted
The Board granted service connection for temporomandibular joint disorder (TMJ) as secondary to posttraumatic stress disorder (PTSD), and granted a 10 percent rating for left hip limitation of extension, while denying other claims.
- Partly granted
The Board granted a 50 percent rating for tension headaches and a 50 percent rating for left knee strain, limitation of extension, while denying ratings in excess of 30 percent for TMJ and a compensable rating for alopecia areata. The decision also granted 20 percent ratings for left and right knee strains with limitations on flexion and extension.
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