The Board dismissed the Veteran's claims for increased evaluations for TMJ and residuals of fracture of left mandible based on CUE due to a lack of specific pleading requirements.
The deciding factor: The application for revision based on clear and unmistakable error (CUE) was dismissed because the Veteran failed to clearly identify the rating decision being challenged and did not provide sufficient reasoning as to why the result would have been manifestly different but for the alleged error.
- Claimed conditions
- temporomandibular joint disorder (TMJ), residuals of fracture of left mandible
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2025
- Citation
- A25032243
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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