The Board has remanded the issues of entitlement to a higher initial rating for chronic ethmoid sinusitis and entitlement to a TDIU due to the need for further development, including scheduling a VA examination.
The deciding factor: The Veteran's substantive appeal was not received within the required time frame as per the regulations.
- Claimed conditions
- temporomandibular joint disorder (TMJ), chronic ethmoid sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2019
- Citation
- 19155901
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 19155901.
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's claim for a total disability rating based on individual employability (TDIU) and eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is granted with an effective date of April 5, 2021.,The TDIU was initially raised during the adjudication process of the underlying claim for service connection for TMJ.
- Dismissed
The Veteran withdrew his appeal concerning the issues of entitlement to service connection for various conditions, including TMJ, a bilateral feet disability, erectile dysfunction, GERD, hearing loss, sleep apnea, and IBS. The Board dismissed the appeal due to the withdrawal.
- Denied
The Veteran's radiculopathy of the right upper extremity is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 8511.,The Veteran's radiculopathy of the left upper extremity is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 8511.,The Veteran's TMJ disorder is currently rated at 20 percent.
- Granted
The Veteran is granted an effective date of January 28, 1997 for a 50% rating for chronic ethmoid sinusitis.
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