The Veteran's claim for an initial compensable disability rating for loss of teeth is denied. The Board has also remanded several other issues including the claims for OSA, numbness and tingling in the face, sternocleidomastoid facial muscle impairment, right knee disability, bilateral falling arches (flat feet), left foot degenerative joint disease, right foot degenerative joint disease, migraines and/or headaches, as well as service connection for TMJ.
The deciding factor: The evidence does not establish that the Veteran's loss of teeth is due to loss of substance of body of maxilla or mandible, which would be required for a compensable rating under Diagnostic Code 9913.
- Claimed conditions
- Loss of teeth, Obstructive sleep apnea (OSA), Numbness and tingling in the face, Sternocleidomastoid facial muscle impairment, Right knee disability, including arthritis and/or instability, Bilateral falling arches (flat feet), Left foot degenerative joint disease, Right foot degenerative joint disease, Migraines and/or headaches, including as secondary to service-connected TMJ
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2023
- Citation
- 23012294
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 23012294.
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.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected other specified trauma and stressor related disorder.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Partly granted
The Veteran's 100% rating for hemorrhagic stroke is granted effective March 19, 2021. OSA and periodic limb movement syndrome are denied service connection. Pituitary mass remains under review.
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