The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete records, particularly regarding TMJ and CAD treatment from January 2010 through August 2017. The VA must obtain these records and provide an addendum medical opinion on the severity of TMJ flare-ups. Additionally, a new VA examination is needed to assess the impact of all service-connected disabilities on the Veteran's employability.
The deciding factor: The Board found that the claims file was incomplete due to missing private treatment records for the period January 2010 through August 2017 and failed to provide an addendum medical opinion addressing TMJ flare-ups. The VA is directed to obtain these records and provide a new examination.
- Claimed conditions
- temporomandibular joint dysfunction (TMJ), coronary artery disease (CAD) associated with hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20068350
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 remands the claims for service connection and an initial compensable disability rating due to a pre-decisional duty to assist error, including the need for VA examinations.
- Partly granted
The Board denied service connection for a chronic gastrointestinal disability, to include irritable bowel syndrome (IBS), and remanded claims for bilateral plantar fasciitis, temporomandibular joint dysfunction (TMJ), cervical spine, lumbar spine, left knee, and left ankle disabilities.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as service connection for various conditions.
- Partly granted
The Board granted service connection for coronary artery disease, diabetes mellitus, type II, and hypertension. The claims for tinnitus, bilateral hearing loss, and other conditions were denied or remanded.
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