The Veteran's appeal for an initial higher evaluation of her TMJ disability, including the issue of whether a separate evaluation is warranted for headaches as secondary to TMJ, has been remanded due to additional relevant evidence being added to the record.
The deciding factor: Additional relevant evidence was added to the record after the last rating decision and a waiver request letter was issued but not responded to. The Veteran's appeal remains on hold until this evidence is considered.
- Claimed conditions
- TMJ, dental trauma/residuals TMJ/Jaw locking
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001383
Veterans Law Judge
Decisions by this judge: 793 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23001383.
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 service connection for TMJ (also claimed as bruxism) has been dismissed because she withdrew her request to continue the appeal.
- Granted
The Board has granted service connection for vertigo as secondary to the Veteran's service-connected TMJ. The effective date will be determined by the AOJ.
- Dismissed
The Veteran's appeals for TMJ, thoracolumbar spine disorder, left knee disorder, and right knee disorder were dismissed due to untimeliness of the Notice of Disagreement.
- Denied
The Veteran's TDIU claim was denied as her service-connected disabilities did not preclude her from securing or following substantially gainful occupation. The TMJ claim is remanded due to a duty to assist error.
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