The veteran's claim for an increased rating for service-connected bruxism is being remanded due to the need for additional VCAA notice regarding effective dates.
The deciding factor: The case must be remanded because the veteran has not been provided with VCAA notice regarding the effective date issue, as required by Dingess v. Nicholson.
- Claimed conditions
- bruxism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 22, 2006
- Citation
- 0608292
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.
- Granted
The Board granted an earlier effective date of March 11, 2013, for the Veteran's acquired psychiatric disorder based on new and material evidence constructively received within one year of the initial denial.
- Remanded (sent back)
The Board remands the claim for an increased rating for service-connected PTSD with bruxism, to include consideration of a separate rating for headaches, due to a pre-decisional duty to assist error.
- Granted
The Board granted service connection for bruxism as secondary to the Veteran's service-connected PTSD with MDD, anxious distress, and frequent panic episodes.
- Granted
The Board granted service connection for bruxism as secondary to the Veteran's service-connected generalized anxiety disorder, resolving reasonable doubt in favor of the Veteran.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.