The Board has deferred the decision on service connection for gum disease pending additional development. The case is now being remanded to the RO for consideration of all evidence, including a March 2003 VA dental examination.
The deciding factor: The Court of Appeals invalidated the regulation allowing the Board to consider new evidence without AOJ consideration, thus requiring the RO to review the case before the Board can make a decision.
- Claimed conditions
- gum disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2003
- Citation
- 0311575
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0311575.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for tooth decay and gum disease due to a pre-decisional duty-to-assist error regarding proper notification for an examination.
- Partly granted
The Board granted service connection for a right shoulder condition, bilateral toenail fungus and athlete's foot, pseudofolliculitis barbae, and furuncle incision and drainage healed scar (claimed as cyst removal on buttocks with scar), but denied an increased rating in excess of 50 percent for sleep apnea with asthma associated with allergic rhinitis. The claims for service connection for prostate cancer and gum disease were remanded.
- Partly granted
The Board denied service connection for a dental disability for compensation purposes and remanded the claims for service connection for a dental disability for treatment purposes and gum disease.
- Partly granted
The Board granted readjudication of the previously denied claim for service connection for a dental disability, for compensation purposes, to include gum disease, based on new and relevant evidence. The issue is being remanded for further development.
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