Corinne

I spent 10 years in the Marine Corps and was told early on that I had TMJ - I had 2 mouth guards/splints made while in service and one after service from my private dentist, then another one while I was under voc rehab. I filed a claim for TMJ and was granted 20%. I am happy with that, but I asked for an earlier effective date - the date of my original claim. The reasoning behind it was when I filed my original claim, I did not ask for UTI's (urinary tract infections) but was granted at 10%. I was happy with the rating but again, never asked for it. They found that "the veteran continued to have urinary infections all through service and was cotinuously treated with antibiotics", so they made the grant. I received my denial on the earlier effective date because "TMJ is not listed as a chronic disease under 38 CFR 3.307 or 3.309." Well neither are UTI's! How can they grant one and not the other? I clearly had TMJ through service and my treatment was to wear the guard every night and during the day. My understanding is that TMJ is, in fact, a chronic condition (I deal with it daily) and it does not heal itself - the damage is done to the jaw joint. Between you me, and the lamp post, my TMJ is more "chronic" than my UTI's. I may never have another UTI again in my life but I deal with TMJ issues every day. Maybe when I filed my origial claim the person reviewing my records did not think to review my dental records so he or she missed it. I know, I know, I should have listed the condition on the original claim but I only listed "medical" items and did not know they would service connect for "dental" issues. Kinda my error but does this compute?? Does anyone have any words of wisdom for me or any suggestions on how I can argue this point? Any input would be helpful. Thank you in advance, Corinne