The Board has remanded the case due to insufficient reasoning in its March 2016 decision regarding service connection for a dental condition. The U.S. Court of Appeals for Veterans Claims (CAVC) found that the Board failed to provide an adequate statement of reasons or bases, and ordered the AOJ to undertake appropriate developments to obtain any outstanding service treatment records regarding the Veteran’s in-service dental treatment.
The deciding factor: The CAVC found that the Board did not address whether the in-service tooth extractions were negligent or improperly performed, and required the Board to ensure all proper efforts are made to obtain such service medical records.
- Claimed conditions
- dental condition for treatment, jaw condition (anterior open bite and temporomandibular joint condition)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2018
- Citation
- 18104199
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 18104199.
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 Veteran's appeal is being remanded for additional development, including obtaining private dental records and scheduling a VA examination to determine the nature and etiology of any jaw disability, including an anterior open bite. The claims will be readjudicated after this development.
- 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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