Citation Nr: 20056090
Decision Date: 08/25/20	Archive Date: 08/25/20

DOCKET NO. 17-38 658
DATE: August 25, 2020

REMANDED

Entitlement to a compensable disability rating for bruxism is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from November 2000 through March 2005. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2016 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge in August 2020.

1. Entitlement to a compensable disability rating for bruxism is remanded.

The Veteran contends that her bruxism is worse than the noncompensable disability rating contemplates.  During the August 2020 hearing, the Veteran credibly testified that her bruxism has gotten worse and her teeth are cracking due to “clenching and grinding.”  

In addition, at the August 2020 hearing, the Veteran competently and credibly reported that she now has disabling ear pain, which she attributes to the clenching.  The Veteran further testified that her migraines are related to her service-connected bruxism and are also getting worse. 

In Morgan v. Wilkie, 31 Vet. App. 162 (2019), the Court held, “VA has powerful, ready-made schedular rating tools with which it can better adjudicate claims that include symptoms and effects not contemplated by an applicable diagnostic code.” Morgan, 31 Vet. App. at 167.  

In light of the Veteran’s testimony and the holding in Morgan, the Board finds that a remand is necessary to afford the Veteran a new VA examination to determine the current nature and severity of all manifestations of her service-connected her bruxism and whether the Veteran’s symptoms of ear pain and worsening migraine headaches are manifestations of her service-connected bruxism.  See Snuffer v. Gober, 10 Vet. App. 400 (1997).

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records.

2. Schedule the Veteran for an appropriate VA examination to determine the current nature and severity of her bruxism.  The claims file should be made available to and reviewed by the examiner and all necessary tests should be performed.  All findings should be reported in detail.

The examiner must identify manifestations of the Veteran’s bruxism.  

This must specifically include addressing whether it is at least as likely as not that the Veteran has ear pain that is related to her bruxism.  In responding to this inquiry, the examiner must assume as true that the Veteran has ear pain.

The examiner must also comment on the severity of the Veteran’s headaches if her headaches are found to be related to the Veteran’s bruxism.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Sara Leigh, Attorney Advisor

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.