The results of the exam show your mandible was normal.
X-ray of the maxilla showed evidence of pins used in your reconstructive surgery.
Arthritis was not shown. There was incomplete healing of the soft tissue in the right maxillary vestibule and scar tissue was evident. Your ramus and palates were normal.
Your temporomandibular articulation showed your
Inter-incisal range of motion was between 31 and 40 mm.
Your range of right and left excursion was between 0 to 4 mm.
The physician diagnosed incomplete healed right maxillary fracture.
An evaluation of 10 percent is assigned from October 1, 2007.
An evaluation of 10 percent is granted, whenever there is indication of
limited inter-incisal movement between 31 and 40 mm,
or lateral excursion between 0 and 4 mm.
Your evaluation is based upon temporomandibular and lateral excursion reduced ranges of motion.
A higher evaluation of 20 percent is not warranted because the evidence
Does not show inter-incisal movement between 21 and 30 mm
§ 4.150 Schedule of ratings—dental and oral conditions.
Question
carlie
This is from the Rating Decision:
The results of the exam show your mandible was normal.
X-ray of the maxilla showed evidence of pins used in your reconstructive surgery.
Arthritis was not shown. There was incomplete healing of the soft tissue in the right maxillary vestibule and scar tissue was evident. Your ramus and palates were normal.
Your temporomandibular articulation showed your
Inter-incisal range of motion was between 31 and 40 mm.
Your range of right and left excursion was between 0 to 4 mm.
The physician diagnosed incomplete healed right maxillary fracture.
An evaluation of 10 percent is assigned from October 1, 2007.
An evaluation of 10 percent is granted, whenever there is indication of
limited inter-incisal movement between 31 and 40 mm,
or lateral excursion between 0 and 4 mm.
Your evaluation is based upon temporomandibular and lateral excursion reduced ranges of motion.
A higher evaluation of 20 percent is not warranted because the evidence
Does not show inter-incisal movement between 21 and 30 mm
§ 4.150 Schedule of ratings—dental and oral conditions.
9905 Temporomandibular articulation, limited motion of:
Inter-incisal range:
0 to 10 mm 40
11 to 20 mm 30
21 to 30 mm 20
31 to 40 mm 10
Range of lateral excursion:
0 to 4 mm 10
Note—Ratings for limited inter-incisal movement shall not be combined with ratings for limited lateral excursion
My question:
In reading the NOTE part above shouldn’t the veteran be compensated for both?
10 percent for limited inter-incisal movement between 31 and 40 mm,
AND
10 percent for lateral excursion between 0 and 4 mm.
I feel that the decision maker has combined the evidence of
limited inter-incisal movement and limited lateral excursion
together - thus only allowing for one ten percent evaluation.
The decision maker has stated in the rating decision,
"An evaluation of 10 percent is granted, whenever there is indication of
limited inter-incisal movement between 31 and 40 mm,
or lateral excursion between 0 and 4 mm."
I do not understand the Schedule to be saying that the rating is
limited to either one OR the other.
Thanks for your help, guidance and opinions.
carlie
Carlie passed away in November 2015 she is missed.
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