The Board remands the matter to obtain additional VA opinion evidence that is based on a full review of the record, in light of the Veteran's specific arguments.
The deciding factor: A remand is required to allow the Agency of Original Jurisdiction (AOJ) to obtain an opinion that specifically addresses the assertions regarding informed consent associated with the surgery.
- Claimed conditions
- jaw injury (also claimed as fracture), pain, nerve damage, numbness in chin
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2023
- Citation
- 23000349
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 for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
- Dismissed
The Board dismissed the claims for service connection and increased ratings as the appeal was untimely.
- Remanded (sent back)
The Board remands the claim for a liver biopsy residuals, to include pain, under 38 USC § 1151 due to deficiencies in the previous VA examination and lack of an associated consent form.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.