Citation Nr: 21074870
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 18-30 549
DATE: December 16, 2021

REMANDED

Entitlement to a compensable evaluation for service-connected history, fracture of anterior maxillary and labial cortex with teeth #8, 9, 10, 23, 26 due to trauma (hereinafter "dental disability") is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1983 to December 1987.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2015 decision.  The Veteran presented testimony before the Board in November 2019.  The matter was remanded for additional development in January 2020.  In September 2020, the Board denied the claim for a compensable rating for the dental disability.  The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court), and in August 2021, the Court vacated the decision and remanded the matter for action consistent with the Joint Motion for Remand (JMR).  

Pursuant to the JMR, VA is required to address whether the Veteran is entitled to a separate evaluation for loss of vocal articulation and/or other impairments under 38 C.F.R. § 4.150, Note 2, as amended effective September 10, 2017.  Specifically, the Court indicated the Board must address the Veteran's contentions that swelling in his mouth caused problems with articulation, irritation, pain, avoidance of cold or hot food and drinks, trouble opening his jaw fully, upper jaw pain, and constant all day pain.  A new examination is necessary in order to obtain medical evidence regarding whether the Veteran has loss of vocal articulation and/or other impairments due to or aggravated by the Veteran's service-connected dental disability.

The matter is REMANDED for the following action:

1. Schedule the Veteran for an examination to determine the current severity of the service-connected dental disability, to include the nature and etiology of any loss of vocal articulation and/or other impairments, including details regarding the symptoms and manifestations of loss of vocal articulation.  Provide an opinion as to whether it is at least as likely as not (i.e., probability of 50 percent or greater) that the Veteran has loss of vocal articulation and/or other impairments and if so, it is the result of the Veteran's service-connected dental disability.  The examiner should address the relevant medical and lay evidence, including the Veteran's contentions that swelling in his mouth caused problems with articulation, irritation, pain, avoidance of cold or hot food and drinks, trouble opening his jaw fully, upper jaw pain, and constant all day pain.  The examiner must provide the complete rationale for all opinions expressed

2. Thereafter, readjudicate the claim of entitlement to a compensable rating for the service-connected dental disability and consider whether a separate evaluation is warranted for loss of vocal articulation and/or other impairments pursuant to 38 C.F.R. § 4.150, Note 2.  If upon completion of the above action the claim remains 

 

denied, the case should be returned to the Board after compliance with appellate procedures.   

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. L. Wallin, 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.