The Veteran seeks compensation under 38 U.S.C.A. § 1151 for nerve damage caused by a VA dental surgery in June 2000, and the case is being remanded to obtain additional medical records and provide an opinion on whether the disability was proximately due to carelessness or negligence.
The deciding factor: The Veteran's claim requires further evaluation of his claims file, including obtaining preoperative and postoperative records from a VA dental surgery in June 2000, and providing an opinion regarding the cause of the nerve damage.
- Claimed conditions
- 50 percent anesthesia of the right mental nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2010
- Citation
- 1007836
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 1007836.
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 Veteran is entitled to compensation under 38 U.S.C.A. § 1151 for 50 percent anesthesia of the right mental nerve, following VA mandibular orthognathic surgery.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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