The Veteran's appeal is remanded for additional examinations to determine the current severity of his service-connected disabilities, including spasmodic torticollis and TMJ. The Veteran also has a claim for an increased rating for adjustment disorder with depressed mood.
The deciding factor: The Board finds that the current examinations are inadequate due to the possibility of flare-ups and functional loss without further examination.
- Claimed conditions
- adjustment disorder with depressed mood, spasmodic torticollis, neck (also claimed as tilting of the neck), temporomandibular joint dysfunction (TMJ) associated with seventh cranial nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2020
- Citation
- 20073518
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 initial rating in excess of 30 percent for the Veteran's acquired psychiatric disorder, finding that the evidence did not support a higher rating.
- Denied
The Board denied a rating in excess of 50 percent prior to October 16, 2023, and 70 percent thereafter for adjustment disorder with depressed mood. The claim for a compensable rating for hypothyroidism was remanded.
- Partly granted
The Board granted a total disability rating based on individual unemployability due to service-connected disabilities, but denied an increased disability rating for the Veteran's herniated nucleus pulposus with post-traumatic arthritis of the lumbar spine.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include adjustment disorder with depressed mood and alcohol use disorder, and chronic fatigue syndrome (CFS), but denied service connection for sleep disturbances. The claims for multiple sclerosis, left leg varicose veins, and hypertension were remanded.
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