The appeal was remanded to obtain additional treatment records from Mercy Hospital in San Diego, CA.
The deciding factor: The case was remanded due to the veteran's failure to provide requested evidence within the 30-day period.
- Claimed conditions
- residuals of tooth extraction, temporomandibular joint syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2008
- Citation
- 0815981
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.
- Denied
The Board denied the veteran's claims for earlier effective dates and service connection for various conditions, as well as initial ratings higher than noncompensable for dermatitis and hypertension, and a rating higher than 20 percent for lumbar spine strain.
- Granted
The Board granted service connection for erectile dysfunction and special monthly compensation based on the loss of use of a creative organ, as these conditions are related to the Veteran's service-connected PTSD.
- Denied
The Board denied service connection for bilateral upper extremity ulnar neuropathy, bilateral lower extremity neuropathy, nasal septum deviation, bilateral knee patellofemoral pain syndrome, bilateral shoulder impingement syndrome, residuals of a right facial injury, mandibular hypo-mobility, and temporomandibular joint syndrome.
- Remanded (sent back)
The veteran did not meet the requirements for TDIU under the provisions of 38 C.F.R. § 4.16(a) until July 13, 2004, and as such, an earlier effective date is denied; however, the claim should be referred to the Director, Compensation and Pension Service for extraschedular consideration.
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