Citation Nr: 21075765
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 16-57 967
DATE:  December 21, 2021

REMANDED

Entitlement to service connection for temporomandibular joint disorder (TMJ) is remanded.

REASONS FOR REMAND

The Veteran had active naval service from September 1997 to September 2000. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

This case was previously before the Board. In a September 2019 decision, in pertinent part, the Board denied the claim currently on appeal. The Veteran appealed that decision to the United States Court of Appeals for Veteran Claims (Court). In an April 2021 Memorandum Decision, the Court vacated the Board's decision, and remanded the case to the Board for action consistent with the Memorandum Decision.

In the April 2021 Memorandum Decision, the Court found that the Board provided an inadequate statement of reasons and bases for denying entitlement to service connection for TMJ. Specifically, in denying the Veteran's claim, the Board found no competent evidence of a current TMJ disorder or a connection between any TMJ problems and service. However, in the Memorandum Decision, the Court pointed out that the Board failed to address the June 1999 in-service report that the Veteran had a laceration to the lip that required stitches and trauma to the right side of the forehead. 

As such, the Board finds that the evidence of record is sufficient to trigger VA's duty to assist in providing the Veteran with a VA examination to determine whether he has a current diagnosis of TMJ, and is so, if that disability is related to his active service. McLendon v. Nicholson, 20 Vet. App. 79 (2006).

The matters are REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.    

2.  Then, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any currently present TMJ. The claims file must be made available to, and reviewed by the examiner. Any indicated tests or studies should be performed.    

Based on the examination of the Veteran and review of the record, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present TMJ had its onset during the Veteran's active service, or is otherwise etiologically related to such service, to specifically include his June 1999 in-service report that he had a laceration to the lip that required stitches and trauma to the right side of the forehead.   

The rationale for all opinions expressed must be provided.   

3. Confirm that all medical opinions provided comport with this remand, and undertake any other development determined to be warranted.   

4. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	I. Umez-Eronini, Associate 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.