The Veteran's initial claim for a disability rating of 10 percent for traumatic injury to lower mandibular dentition, residual of hit to the jaw is granted. The issues of service connection for left knee degenerative joint disease and sleep apnea are remanded due to insufficient evidence in the record.
The deciding factor: The Veteran's current symptoms do not meet or approximate the criteria for a disability rating higher than 10 percent prior to March 5, 2020. The issues of service connection for left knee degenerative joint disease and sleep apnea are remanded as there is insufficient evidence in the record.
- Claimed conditions
- Traumatic injury to lower mandibular dentition, residual of hit to the jaw, Left knee degenerative joint disease, Sleep apnea, TMJ disorder associated with traumatic injury to lower mandibular dentition, residual of hit to the jaw
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2021
- Citation
- 21073872
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 21073872.
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 Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is unclear whether his condition is caused or aggravated by his service-connected musculoskeletal disabilities and obesity. The AOJ will need to provide a VA examination to clarify these issues.
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