The Board has remanded the Veteran's claims for service connection due to errors in pre-decisional duty to assist, including a lack of VA examination and opinion regarding TMJ disorder and thoracolumbar spine disorder.
The deciding factor: There were deficiencies in the pre-decisional duty to assist, specifically related to the Veteran's periods of active duty, ADT, and IDT. The Board also found that there was insufficient evidence on record to determine whether the Veteran's TMJ disorder or thoracolumbar spine disorder is related to service.
- Claimed conditions
- TMJ disorder, degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2024
- Citation
- A24022422
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 A24022422.
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 appeals for a higher rating, compensable rating, and extension of temporary total evaluation for his lumbar spine disability have been dismissed due to the Veteran withdrawing all claims in April 2022.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Granted
The Veteran's migraine headaches are rated at 50% and cannot be increased.,SMC at the housebound rate is granted from January 11, 2021 due to multiple service-connected disabilities.,A TDIU rating effective October 28, 2011 is granted based on inability to secure or follow substantially gainful employment due to migraine headaches.,Eligibility for DEA benefits is granted but no earlier than the date of claim (April 5, 1999).
- Granted
The Board has determined that the Veteran's TMJ disorder is related to his service and grants the claim for service connection.
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