The Board remands the claims for service connection for facial scars, nerve damage (bottom lip, chin, lower gums), upper and lower jaw disability, and laxity of skin with pain and over projection of mentum to correct pre-decisional duty to assist errors.
The deciding factor: The failure to obtain adequate examinations and opinions addressing the Veteran's claims constitutes a pre-decisional duty to assist error.
- Claimed conditions
- Facial scars, Nerve damage (bottom lip, chin, lower gums), Upper and lower jaw disability, Laxity of skin with pain and over projection of mentum
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066623
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 claim for service connection of facial scars to obtain an addendum opinion addressing the etiology of the Veteran's skin disorder, including considering his in-service skin complaints and treatment.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions due to a pre-decisional duty to assist error in that the AOJ failed to obtain service treatment records.
- Partly granted
The Veteran's effective date for service connection of PTSD is granted as May 29, 2006, but no earlier. The claims for service connection for digestive disorder, eating disorder, acne, facial scars, and depression are remanded.
- Denied
The Board denied the Veteran's appeal for a compensable rating for facial scars due to their size and lack of other disabling effects.
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