The Veteran's claim for an earlier effective date for the grant of service connection for residuals of a right foot fracture is denied.,The Veteran's claim for an earlier effective date for the grant of service connection for a temporomandibular joint (TMJ) disorder is remanded due to inextricably intertwined issues regarding CUE in a 1981 rating decision.
The deciding factor: The effective date for the grant of service connection for residuals of a right foot fracture was April 12, 2016. The Veteran's claim for an earlier effective date is denied as there were no prior claims filed before this date.,There are inextricably intertwined issues regarding CUE in a 1981 rating decision that denied service connection for a jaw condition. These issues must be addressed by the AOJ first.
- Claimed conditions
- residuals of a right foot fracture, temporomandibular joint (TMJ) disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 3, 2023
- Citation
- 23042621
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 23042621.
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 bruxism and temporomandibular joint (TMJ) disorder to obtain additional medical opinions regarding their etiology, including whether they are related to exposures during service.
- Dismissed
The appeal for service connection for a temporomandibular joint (TMJ) disorder was dismissed due to a claims processing error.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection for the claimed conditions.
- Remanded (sent back)
The Board remands the claims for an increased rating for TMJ disorder and headaches, as well as the claim for an earlier effective date for Dependents' Educational Assistance benefits, to obtain additional medical opinions regarding the effects of medications on the severity of these conditions.
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