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Painful Motion Vs. Limited Motion
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Vync
I am considering filing a CUE claim to increase my original TMJ rating percentage from 10% to 20%. I am asking for public feedback and advice. If this looks promising, I am considering whether or not to involve a lawyer. Thank you in advance for responding!
Below, I refer to a very interesting BVA case from earlier this year, my C&P dental exam and radiology, and my award letter.
The Veteran in the BVA case
Problem: Knee
Rating Schedule: Musculoskeletal System (http://www.benefits....ART4/S4_71a.DOC)
ROM: 120 degrees (0% rating)
ROM where pain begins: 30 degrees (20% rating = Flexion limited to 30 degrees)
The Veteran had full ROM, but was awarded based on where painful motion began.
Me
Problem: TMJ
Rating schedule: Dental and Oral Conditions (http://www.benefits....ART4/S4_150.DOC)
ROM: 42 mm (0% rating)
ROM where pain begins: 29 mm (20% rating = 20-29mm ROM)
1994 - Army extracted all third molars and dislocated my jaw
1995 - Left the service and filed a claim
1997 - C&P exam and arthrogram which showed anterior dislocation of right TMJ
2000 - Awarded 10% effective 1995, but 'minimum rating' granted when ROM is not rateable, instead of rating at 29 mm where painful motion begins.
2010 - Awarded TMJ increase to 20% and ratings secondary to it (migraines, GERD due to meds, etc...)
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