The veteran's claim for service connection for dental residuals, which are secondary to a fracture of the left mandible, is being remanded due to the failure to schedule him for a requested hearing.
The deciding factor: Due process violation as the veteran was not afforded a scheduled hearing.
- Claimed conditions
- fracture of the left mandible, dental residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2008
- Citation
- 0829525
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 0829525.
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 claim for a compensable rating for fracture of the left mandible because the evidence did not show moderate displacement or open bite.
- Dismissed
The Veteran's representative withdrew their appeal for a compensable evaluation for residuals of a fracture of the left mandible from February 8, 2016.
- Granted
The Veteran meets the schedular percentage requirements for a TDIU due to his service-connected disabilities, and the evidence is at least evenly balanced as to whether these disabilities render him unable to secure or follow substantially gainful employment. As such, the Board finds that he is entitled to a TDIU.
- Denied
The Board denied service connection for right wrist disability, bilateral toenail fungus (claimed as secondary to diabetes), and malignant melanoma and basal cell carcinoma on the face (claimed as due to herbicide exposure). The Veteran's claims for hearing loss, left wrist disability, and fracture of the mandible were also addressed but are not discussed in this decision.
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