The Veteran's claim for service connection for a dental disorder (claimed as due to dental trauma) is being remanded because the AOJ needs to consider whether there was clear and unmistakable error in the September 1971 rating decision that initially denied the claim. If CUE is found, the Veteran will have an opportunity to appeal this determination before the Board.
The deciding factor: The AOJ must first adjudicate the claim of clear and unmistakable error (CUE) in the September 1971 rating decision before considering whether new and material evidence has been received to reopen the dental disorder claim.
- Claimed conditions
- dental trauma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2019
- Citation
- 19131078
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 service connection for various conditions, including dental trauma, chronic respiratory failure, headaches, allergic rhinitis and sinusitis, low back disability, left ankle disability, right ankle disability, hemorrhoids, epigastric pain, thyroid disability, monoclonal paraproteinemia, and hip disabilities.
- Remanded (sent back)
The Board remands the issue of service connection for dental trauma to correct a duty to assist error that occurred prior to the rating decision on appeal.
- Dismissed
The Veteran's appeals for service connection for MRSA and dental trauma were dismissed because the Veteran did not respond to a Board letter seeking clarification within 60 days.
- Remanded (sent back)
The Board remands the veteran's claims for a new VA examination to determine the current severity of his service-connected left ear hearing loss, and whether he has right ear hearing loss. The claims for service connection for obstructive sleep apnea, testicular cancer, dental trauma for compensation purposes, and dental trauma for treatment purposes are also remanded.
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