The Board has decided that the Veteran's service-connected residuals of fractured mandible do not warrant a rating in excess of 0 percent, and the claim for an increased rating is denied. The cervical spine fracture issue is remanded due to incomplete examination.
The deciding factor: The most recent VA examination did not provide opinions on functional loss during flare-ups or after repetitive use, which are required for a higher rating.
- Claimed conditions
- fractured mandible, cervical spine fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2020
- Citation
- 20023799
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 20023799.
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.
- Dismissed
The Veteran's appeal for reimbursement of unauthorized medical expenses related to her treatment at Vanamburg Surgery Care on October 16, 2012 has been dismissed because the Veteran withdrew her request for a hearing and her appeal. The Board found that she was reimbursed for the expenses.
- Granted
The Veteran's cervical spine disability is rated at 30 percent, and he is granted service connection for headaches as an objective neurologic abnormality associated with his cervical spine disability. The issue of TDIU is referred to the AOJ.
- Dismissed
Your claims for service connection for cervical spine fracture and fractured ribs have been granted by the RO, so these issues are dismissed.
- Denied
The Veteran's claim for a higher evaluation prior to April 17, 2013 was denied as his interincisal range of motion remained within the 21 to 29 millimeters range and he could consume soft foods.,A 40 percent rating was granted effective April 17, 2013 due to limited interincisal motion between 11 and 20 millimeters and dietary restrictions to soft and semi-soft foods. The Veteran's condition warranted this evaluation as of that date.,The claim for a higher evaluation since April 17, 2013 was denied as his interincisal range of motion did not reach the level where it would warrant an evaluation in excess of 40 percent.
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