The Board denied the Veteran's claims for revision of the January 1996 rating decision based on clear and unmistakable error (CUE) in assigning a noncompensable rating for bilateral TMJ syndrome, s/p surgery, and failing to assign ratings for scars.
The deciding factor: The evidence did not clearly show that it was undebatable that the outcome would have been different but for the alleged errors, as there is evidence supporting the AOJ's determination at the time of the January 1996 rating decision.
- Claimed conditions
- bilateral temporomandibular joint (TMJ) syndrome, status/post surgery
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2025
- Citation
- A25032828
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.