Citation Nr: 21061871 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 16-39 791 DATE: October 5, 2021 REMANDED Entitlement to service connection for a jaw disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1960 to March 1964, with additional service in the Air Force Reserve. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously remanded by the Board in July 2018 and denied in an October 2019 decision. Thereafter, the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In a February 2021 Memorandum Decision, the Court vacated the October 2019 decision and remanded the matter to the Board for further proceedings consistent with its decision. As such, the matter is back before the Board. Entitlement to service connection for a jaw disorder is remanded. The Veteran is seeking to establish service connection for a jaw disorder. Specifically, he contends he suffers from a current jaw disorder that is etiologically related to service. The Board finds that further development of the record is necessary to comply with VA's duty to assist the Veteran in the development of facts pertinent to his claim. The Veteran has consistently asserted that he cracked his jaw in service and was treated by a Navy surgeon from the Chelsea Naval Hospital in 1964. He noted that he spent three weeks drinking soup from a straw. Service treatment records do not support treatment for a cracked jaw, but dental treatment records do reflect that the Veteran underwent a tooth extraction with subsequent ongoing treatment. Review of the record indicates that a request for records from Chelsea Naval Hospital related to the Veteran's claimed treatment has never been made. As such, remand is warranted for additional development. Further, as there is an indication that the Veteran's service records may not be complete, remand for any outstanding records is necessary. Next, while on remand, the Veteran should be given another opportunity to identify outstanding private treatment records pertinent to his claim and submit authorization forms necessary for VA to obtain the records. Finally, as the Veteran's claim is construed broadly, the Board finds that remand is necessary to afford the Veteran a VA examination to determine whether he suffers from a current jaw disorder, and if so, whether that jaw disorder is related to service, including in-service dental treatment. The matter is REMANDED for the following action: 1. Ensure that the Veteran's complete service personnel records and service treatment records, including dental treatment, have been obtained and associated with the claims file. A request for any dental treatment records from the Chelsea Naval Hospital during the Veteran's period of service, from June 1960 to March 1964, should be made. If no records can be found, indicate whether the records do not exist or whether further efforts to obtain the records would be futile. 2. Send the Veteran a VA Form 21-4142, Authorization and Consent to Release Information to VA, and with his consent, obtain private treatment records as identified by the Veteran. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. If no new evidence is identified or received, VA will adjudicate the case based upon the evidence of record. 3. After the above development has been completed, and after any records obtained have been associated with the evidentiary record, schedule the Veteran for a VA examination for his jaw disorder. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion below. The examiner is asked to provide a response to the following: Is the Veteran's jaw disorder at least as likely as not related to service, including in-service dental treatment and/or a claimed cracked jaw? Provide rationale to support the opinion. 4. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran's claim should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, furnish the Veteran a supplemental statement of the case (SSOC) and return the case to the Board. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Silverblatt, Counsel 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.