Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Anyone Care To Add Their Thoughts

Rate this question


bakerkd

Question

I have dizziness, tinnitis and balance problems and alanto-occipital pain as a result of TMJD and Musculoskeletal disorder of cervical origin. This is what the C&P examiner listed in my exam results. I have a claim in for retro-orbital Headaches, Vertigo, Bruxism and jaw pain, Cervical DDD w/radiculopathy and Cervical Dystonia. I realize that a lot of these seem to overlap symptoms. Before anyone asks, yes they are in my SMR's and this is my initial claim post retirement.

Will the dizzines/stumbling/tinnitis be rated analogous to a peripheral vestibular disorder and be secondary to TMJD? I know that there is some literature to suggest that ALL of these conditions to include the Dystonia can be caused by TMJD.

The other question I have is that the examiner listed no ROM for Mandibular Function. Isn't TMJ rated base on ROM and other symptoms secondary?

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • Content Curator/HadIt.com Elder

Hi bakerkd,

Carlie asked me to help. If you have any questions, please feel free to PM me.

Retro-orbital headaches

These could be related to anything, but if you have a claim in for TMJ, they most likely could be rated secondary to that.

Tinnitus/Vertigo

I am not overly familiar with peripheral vestibular disorder (Vertigo). I am familiar with Tinnitus and have a claim in for it. The inner ear is very close to the TMJ. If you encountered some form of head injury, car accident, or maybe had some oral surgery that went bad, it might be related.

Bruxism/Headaches

These are definitely related to each other and I believe to TMJ too. You definitely can get headaches SC as secondary to TMJ, but I am not sure if there is a rating for bruxism.

Cervical DDD/rad/Dystonia

I also have read where these can be caused by TMJ, with TMJ even reaching the lumbar region with similar problems. I have not filed for these secondary to TMJ, but I don not doubt it is possible to win SC.

Jaw Pain

Getting a rating for pain would be more likely via a mental rating for depression/chronic pain syndrome, but there would have to be a very well documented history. See next paragraph....

Yes! TMJ is rated by ROM (via diagnostic code 9905 Limited motion of the jaw) and then other issues may be rated secondary to that, unless there is clear justification for them to be rated otherwise. My C&P exam for TMJ was performed by the VA dental clinic, not the regular C&P clinic.

Whiplash may be a serious factor, depending on what is found in the accident and medical treatment reports.

After researching, I found some conditions which may be rated as secondary TMJ:

GERD caused by NSAIDs used to treat SC TMJ

Constipation/IBS caused by narcotic pain medicatioon used to treat SC TMJ

Headaches caused by SC TMJ

Depression/PTSD caused by SC TMJ

Important -- Check your C&P exam results. The big factor is the doctor's opinion. Good opinions include 'is due to', 'more likely than not', and 'least as likely as not'. Bad opinions include 'probably', 'less likely', and 'is not'.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

Hi bakerkd,

Carlie asked me to help. If you have any questions, please feel free to PM me.

Retro-orbital headaches

These could be related to anything, but if you have a claim in for TMJ, they most likely could be rated secondary to that.

Tinnitus/Vertigo

I am not overly familiar with peripheral vestibular disorder (Vertigo). I am familiar with Tinnitus and have a claim in for it. The inner ear is very close to the TMJ. If you encountered some form of head injury, car accident, or maybe had some oral surgery that went bad, it might be related.

Bruxism/Headaches

These are definitely related to each other and I believe to TMJ too. You definitely can get headaches SC as secondary to TMJ, but I am not sure if there is a rating for bruxism.

Cervical DDD/rad/Dystonia

I also have read where these can be caused by TMJ, with TMJ even reaching the lumbar region with similar problems. I have not filed for these secondary to TMJ, but I don not doubt it is possible to win SC.

Jaw Pain

Getting a rating for pain would be more likely via a mental rating for depression/chronic pain syndrome, but there would have to be a very well documented history. See next paragraph....

Yes! TMJ is rated by ROM (via diagnostic code 9905 Limited motion of the jaw) and then other issues may be rated secondary to that, unless there is clear justification for them to be rated otherwise. My C&P exam for TMJ was performed by the VA dental clinic, not the regular C&P clinic.

Whiplash may be a serious factor, depending on what is found in the accident and medical treatment reports.

After researching, I found some conditions which may be rated as secondary TMJ:

GERD caused by NSAIDs used to treat SC TMJ

Constipation/IBS caused by narcotic pain medicatioon used to treat SC TMJ

Headaches caused by SC TMJ

Depression/PTSD caused by SC TMJ

Important -- Check your C&P exam results. The big factor is the doctor's opinion. Good opinions include 'is due to', 'more likely than not', and 'least as likely as not'. Bad opinions include 'probably', 'less likely', and 'is not'.

Thanks Vync

This is the exam results from ENT C&P I think the doc gave a good opinion. Just didn't get any kinda ROM for mandibular

Bilateral Temporalis pain is elicited with palpation. He is tender in both masseter muscles in particular to the sinus walls. He also has muscle relaxents which apparently have little if any benefit. In regards to his dizziness and vertigo in fact this does not represent true vertigo and the dizziness IS ASSOCIATED with musculoskeletal disorder consistent with cervical origin and CERTAINLY with bilateral temporal mandibular joint pain. The Headaches ARE ASSOCIATED with this as well and the treatment that he is undergoing with mouth guard is certainly at this point in time a reasonable pathway to persue. In summary this is an evaluation for dizziness which has no middle or inner ear connotation as well and IN FACT it is musculoskeletal and alanto occipital pain IS RESULTING from musculoskeletal disorder and TM Joint problems.

I also have claims in for Headaches-retro-orbital,Tinnitis, IBS, GERD, Anxiety NOS (C&P tied to multiple ortho problems), Multilevel DDD cervical and bilateral facet denervation from C2 Through T3, and Cervical Dystonia wich is treated with 20 botox shots every 12 weeks

Edited by bakerkd
Link to comment
Share on other sites

  • Content Curator/HadIt.com Elder

That sounds promising and I hope it works out in your favor.

Arthritis - Do you have any treatment records from active duty or within 12 months after retirement? The VA has a special presumptive category for this.

The VA dentists have talked with me about botox shots to relieve the constant facial muscle tension. What have been your results from your botox treatment?

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

That sounds promising and I hope it works out in your favor.

Arthritis - Do you have any treatment records from active duty or within 12 months after retirement? The VA has a special presumptive category for this.

The VA dentists have talked with me about botox shots to relieve the constant facial muscle tension. What have been your results from your botox treatment?

Yes. I have volumes in my smr's. Im still within 12 months of retirement. I retired in august and filed my claim within 10 days. Botox is awesome. Been getting it in my neck and traps since 2004. Helps make the headaches more bearable. In Georgia dentist can no longer give masseter botox treatment, must be MD. Tricare prime won't pay for dental amd my MD can't charge against my dental insurance. Nobody wants to take responsibility for TMJD. I have two dental insurance plans and neither will cover TMJD anyway. They will happily fix all the teeth i'm destroying though

Edited by bakerkd
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • alexpainter earned a badge
      Conversation Starter
    • Lebro earned a badge
      One Month Later
    • catyvaz1 earned a badge
      Week One Done
    • AFguy1999 earned a badge
      First Post
    • AFguy1999 earned a badge
      Conversation Starter
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use