The Board remands the claim for a tooth condition, to include bruxism, for a VA examination to determine its likely nature and etiology.
The deciding factor: The AOJ's failure to provide the Veteran with a VA examination to ascertain the probable nature and etiology of any tooth condition constituted a pre-decisional duty to assist error.
- Claimed conditions
- tooth condition, to include bruxism
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2024
- Citation
- A24065342
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 requests to switch dockets and appeals for service connection were denied as untimely, with no good cause shown.
- Denied
The Board denied the veteran's claims for an earlier effective date and a compensable rating for his tooth condition, dismissed service connection for sleep apnea, erectile dysfunction, special monthly compensation based on loss of use of a creative organ, and remanded several other issues including TDIU, respiratory disability, bilateral hands disability, and nerve damage.
- Partly granted
The Veteran's appeal for service connection for tinnitus was granted, while the appeals for a low back condition, tooth condition, and varicose veins were denied.
- Remanded (sent back)
The Board remands the claims for service connection for a tooth condition, both for compensation and treatment purposes, due to insufficient evidence.
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