The Board has remanded the Veteran's claims for an initial compensable rating for cervical strain on the right side and a higher rating for TMJ due to inadequate VA examinations conducted in September 2016 and October 2016.
The deciding factor: The VA examinations were not conducted during a flare-up, which prevented the examiner from assessing the Veteran's functional limitations during periods of increased symptoms.
- Claimed conditions
- Cervical strain on the right side, Temporomandibular joint syndrome (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2019
- Citation
- 19144850
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.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include insomnia and major depressive disorder with anxious distress, as secondary to the Veteran's service-connected bilateral knee disability. The claim for an earlier effective date for TMJ was denied, as well as a higher initial rating for TMJ. The claims for service connection for left and right shoulder conditions were remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection for various conditions, including allergic rhinitis, TMJ, cervical strain, and others, to correct a duty to assist error that occurred prior to the April 2024 rating decision on appeal.
- Denied
The Veteran's initial claims for increased ratings for cervical spine and TMJ disabilities were denied. The VA found that the conditions did not meet criteria for higher ratings based on range of motion, functional impairment, or other relevant factors.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss and TMJ due to insufficient examination reports. The Veteran's service connection claims are not granted.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.