The veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for further examination and development of his claims folder.
The deciding factor: The Board finds that a new VA examination is necessary to determine whether the osteoradionecrosis resulted from negligence or fault on the part of VA treatment providers, as well as whether it was an event not reasonably foreseeable as a result of the March 2001 dental treatment.
- Claimed conditions
- osteoradionecrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2006
- Citation
- 0612449
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0612449.
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.
- Partly granted
The Board granted service connection for osteoradionecrosis, bilateral eye disability (including cataracts and glaucoma), and bilateral hearing loss. It also granted a 10% rating for hypertension, a 50% rating for chronic sinusitis with rhinitis, and a 100% rating for lymphedema. The Board denied compensable ratings for the residuals of squamous cell carcinoma of the left tonsil and neck.
- Granted
The Veteran's osteoradionecrosis is rated at 100 percent, rendering the issue of a total disability rating based on individual unemployability moot.
- Granted
The Veteran's squamous cell carcinoma on the base of the tongue is granted service connection due to herbicide exposure. The Veteran's osteoradionecrosis is also granted service connection as it is related to his service-connected squamous cell carcinoma.
- Granted
The Veteran's post-treatment residuals of squamous cell carcinoma, including osteoradionecrosis, were found to be secondary to VA treatment and the lack of informed consent for an endotracheal intubation during a biopsy procedure. The Board granted compensation under 38 U.S.C.A. § 1151.
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