Citation Nr: 21077065 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 18-05 771 DATE: December 28, 2021 ORDER Service connection for a jaw condition is granted. FINDING OF FACT The evidence is at least in equipoise that the Veteran's current jaw condition was incurred in active service. CONCLUSION OF LAW The criteria for service connection for a jaw condition have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 2008 to March 2014. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) in August 2021. A transcript of the hearing is associated with the claims file. The Board notes that the record contains evidence not yet considered by the agency of original jurisdiction (AOJ); however, the claim of service connection for a jaw condition may be granted on the current record. Therefore, the Board may proceed to the merits. 38 C.F.R. § 20.1305(c). The Veteran seeks service connection for a jaw condition, diagnosed in separate instances as temporomandibular joint disorder (TMJ), temporomandibular joint dysfunction, articular disc disorder of the temporomandibular joint. She contends that her jaw condition was incurred while on active duty and is due to her participation in the Marine Corps Martial Arts Program while stationed in Okinawa, Japan. See November 2017 Correspondence. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated during active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Generally, service connection for a disability requires competent VA w/s hepatitis w/s risk evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service; and (3) a causal relationship or nexus between the current disability and any injury or disease during service. See Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009). The Veteran's service treatment records do not document treatment for a jaw condition while in-service. At the August 2021 Board hearing, however, the Veteran testified that military providers were unwilling to look into her jaw-related complaints, and so she sought treatment from non-military providers while still serving. In May and November 2013, she complained of bilateral clicking, her jaw deviating to the left upon opening, pain, and locking, and she was prescribed a night guard by her dentist. In March 2014, she reported a long history of jaw pain and difficulty opening her mouth completely, noting that she saw a Marine Corps dentist three to four years prior for the same issue. Her provider diagnosed her with TMJ, but indicated that she has more of a dysfunction than TMJ. In May and June 2014, shortly after her separation from service, she reported her jaw-related issues to her VA provider, who indicated that she likely has a TMJ derangement or disorder rather than a myofascial problem. Her VA records show Botox injections for her jaw issues. She has reported ongoing jaw issues to providers as recently as March 2021. The Veteran was afforded a VA examination to address the nature and etiology of her jaw condition in January 2018. The examiner diagnosed her with articular disc disorder of temporomandibular joint, and indicated that while there was evidence suggestive of TMJ disorder, a definitive diagnosis was inconclusive. The examiner did not provide an opinion as to whether the Veteran's jaw condition is related to her active service, and stated that she did not report any traumatic injury to her jaw or face while on active and there are no treatment records indicating or confirming any injury and subsequent treatment. Despite this statement by the examiner, the above treatment records from non-military providers documenting jaw complaints during service were, in fact, associated with the claims file at the time of the January 2018 VA examination. The Board has considered the Veteran's lay statements, including those made at the August 2021 Board hearing. At the hearing, as referenced above, she testified that her jaw issues first started in 2009 or 2010 with her jaw locking, but was unable to receive treatment until May 2013 when she was seen by a civilian doctor and dentist. She further testified that she received treatment from VA for her jaw condition for a year from 2014 to 2015, but was unable to receive treatment past 2015, and her private dentist has been unable to treat her condition since. Per a November 2017 Correspondence, the Veteran reported that during service, she was involved in the Marine Corps Martial Arts Program and Marine Security Guard training, which both involved getting struck in the face. She further detailed the same treatment history that she testified as to at the August 2021 Board hearing. After a review of the lay and medical evidence, the Board finds that the Veteran's jaw condition is at least as likely as not related to service. Specifically, the Board finds that the Veteran's jaw condition was incurred during service, as she was treated for and diagnosed with a jaw condition in 2013, prior to her separation, and she has continued to report jaw-related complaints and has received treatment for her jaw condition since her separation. Accordingly, the Board finds that service-connection is warranted for the Veteran's jaw condition, and her claim is granted. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Tierno The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.