The Board has not satisfied its duty to assist and the matter must be remanded to comply with the directives of the September 2018 Remand. The Veteran's request for a DRO hearing is also noted.
The deciding factor: The Board did not provide proper notice as required by law regarding unavailability of service records and alternate sources of evidence that may be submitted in place of missing records.
- Claimed conditions
- dental disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2019
- Citation
- 19188429
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19188429.
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 remanded the claims for service connection and TDIU due to incomplete records, including SSA disability benefits records. The Veteran's right knee tendinopathy, tendinitis is not rated higher than 10 percent.
- Remanded (sent back)
The Board has remanded the claims for service connection due to incomplete medical records and a need to obtain more information from the Veteran.
- Granted
The Veteran's oropharyngeal cancer with soft palate reconstruction is granted service connection, and the claim for a dental disability secondary to this condition is remanded.
- Dismissed
The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case.
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