Citation Nr: 21024056
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 14-38 565
DATE:  April 22, 2021

ORDER

Entitlement to service connection for bruxism (grinding of the teeth) is granted.

FINDING OF FACT

Bruxism is etiologically related to the Veteran’s active service.

CONCLUSION OF LAW

The criteria for service connection for bruxism have been met. 38 U.S.C. §§ 1110, 1131, 5107 (2018); 38 C.F.R. §§ 3.102, 3.303 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Marine Corps (USMC) from June 1988 to June 1994, January 2003 to August 2003, January 2005 to December 2005, May 2006 to May 2007, and January 2008 to December 2008; to include service in Southwest Asia. The Veteran’s decorations for his active service include a Combat Action Ribbon.

This appeal comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In connection with this appeal, the Veteran and his spouse testified at a Board hearing before the undersigned Veterans Law Judge in May 2017. A transcript of that hearing has been associated with the claims file. In April 2018 and May 2020, the Board remanded the claim on appeal. The case has now been returned to the Board for further appellate action.

The Veteran claims that his grinding of the teeth is related to his active service. The Veteran testified that he began grinding his teeth after a deployment in Desert Storm and has been grinding his teeth since that time. His spouse also testified that the Veteran began grinding his teeth during service and has done so since that time. Also, of record is a statement from his spouse who indicated that she has been living with the Veteran for twenty-two years and he has been declining over the years. She stated that she and the Veteran had to adjust their daily routines to cope with his ailments. She noted that he must wear his mouth guard nightly to prevent loud grinding. 

Associated with the claims file are several VA opinions of record which address secondary service connection. However, the only examiner who addressed direct service connection, the December 2020 VA examiner, diagnosed the Veteran with bruxism and opined that it was at least as likely as not incurred in or caused by service. The examiner’s rationale was that the Veteran reported that his bruxism began during service due to stress which is a common cause of bruxism. In an addendum dated in January 2021, the examiner indicated that bruxism is often exacerbated by stress and the Veteran’s spouse testified that he was grinding his teeth during service despite his service treatment reports which do not reflect treatment for bruxism. 

Based on the foregoing, the Board finds that service connection for bruxism is warranted. The Veteran and his spouse have reported that he has been grinding his teeth since service. A VA examiner also provided a positive etiological opinion. There is no opinion to the contrary. Accordingly, the Board finds that the preponderance of the evidence is for the claim and entitlement to service connection for bruxism is warranted. 38 U.S.C. § 5107 (b) (2018); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). 

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Cryan, 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.