The Veteran's appeal is remanded for further development, including a new VA examination to assess the nature and etiology of her TMJ disorder. The TDIU claim is also deferred pending this development.
The deciding factor: Further evaluation is needed to determine if the Veteran has a diagnosed TMJ disorder and its relationship to service, which could impact both the TMJ issue and the TDIU claim.
- Claimed conditions
- Headache condition (migraine), Temporomandibular joint (TMJ) disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 27, 2023
- Citation
- 23024618
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 23024618.
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.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Partly granted
The Board denied increased ratings for cervical and thoracolumbar spine strains, TMJ disorder, dermatitis of the face, right knee chondromalacia grade II with patellar tendonitis, medial meniscal derangement, and Baker's cyst, and bilateral hearing loss. However, service connection was granted for radicular pain paresthesia of the right upper extremity.
- Partly granted
The Board granted restoration of a 50 percent rating for TMJ disorder and denied a higher rating, while also granting an initial 40 percent rating for arthritis of the thoracolumbar spine and denying a higher rating.
- Denied
The Board denied service connection for PTSD, paranoid reaction, obstructive sleep apnea, and increased ratings for tinnitus, bilateral plantar fasciitis, left knee disability, right ankle disability, and TMJ disorder.
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