The Board has remanded the case for a new examination to assess the current nature and severity of the Veteran's TMJ dysfunction, as the evidence is not clear on this point. The issue of an extraschedular rating will be readjudicated based on the entirety of the evidence.
The deciding factor: The Court found that the Board’s November 2016 decision was not in accord with Morgan v. Wilkie and remanded for a new examination to ensure the analysis is consistent with the holding in Morgan.
- Claimed conditions
- TMJ dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2019
- Citation
- 19190274
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 19190274.
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 an effective date earlier than August 29, 2022, for the award of service connection for TMJ dysfunction.
- Dismissed
The appeal was dismissed due to a finding of a duty to assist error related to the claim for service connection for depression, and the claim for service connection for bilateral hearing loss was denied.
- Partly granted
The appeal was granted for a timely notice of disagreement with the effective date of service connection for PTSD, and new and material evidence was found to reopen claims for left ear hearing loss and asthma. However, other claims were denied.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining relevant medical records and obtaining an opinion regarding the nature and etiology of the Veteran's TMJ dysfunction.
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