The Board has remanded the case due to inadequate reasons and basis for finding no additional functional impairment of the Veteran's mastication other than his jaw pain, as recommended by a VA examiner in October 2004. The Veteran needs to be examined by an oral surgeon to determine the extent and severity of all residuals of his mandibular dysfunction.
The deciding factor: The Board found that there was no additional functional impairment due to the Veteran's jaw pain on examination, which is questioned by the Court as insufficient basis for such a determination.
- Claimed conditions
- fractured mandible
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 22, 2011
- Citation
- 1127504
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 1127504.
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.
- Remanded (sent back)
The Board has decided that the Veteran's service-connected residuals of fractured mandible do not warrant a rating in excess of 0 percent, and the claim for an increased rating is denied. The cervical spine fracture issue is remanded due to incomplete examination.
- Denied
The Veteran's claim for a higher evaluation prior to April 17, 2013 was denied as his interincisal range of motion remained within the 21 to 29 millimeters range and he could consume soft foods.,A 40 percent rating was granted effective April 17, 2013 due to limited interincisal motion between 11 and 20 millimeters and dietary restrictions to soft and semi-soft foods. The Veteran's condition warranted this evaluation as of that date.,The claim for a higher evaluation since April 17, 2013 was denied as his interincisal range of motion did not reach the level where it would warrant an evaluation in excess of 40 percent.
- Denied
The Veteran's claim for service connection for a dental disability is denied as there is no evidence of loss of substance of the maxilla or mandible due to an in-service injury, and compensation is not available for treatable carious teeth.
- Granted
The Veteran's initial rating for residuals from a fractured mandible was granted at 40 percent, effective October 30, 2018. The appeal is denied for an initial rating higher than 40 percent for the entirety of the appeal period.
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