Citation Nr: 21042718
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 17-03 921
DATE: July 13, 2021

REMANDED

Entitlement to service connection for residuals of upper jaw surgery to include loss of teeth is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1979 to April 1995.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran's claims for entitlement to service connection for a bilateral hip condition and entitlement to service connection for residuals of upper jaw surgery were remanded in January 2019 for further development. A September 2020 rating decision granted the Veteran's claim for entitlement to service connection for bilateral hip condition.  Thus, the only claim remaining before the Board is entitlement to service connection for residuals of upper jaw surgery to include loss of teeth.  Upon review, the Board finds that remand is again warranted for this claim.  

1. Entitlement to service connection for residuals of upper jaw surgery to include loss of teeth is remanded.

The Veteran was afforded a VA examination for dental and oral conditions in December 2019.  However, the examiner did not comply with the Board's remand directives.  Specifically, the examiner was instructed to address the Veteran's jaw defect was subject to a superimposed disease or injury during his period of active service that resulted in an additional disability, specifically naming the additional disability. A remand by the Board imposes a concomitant duty to ensure compliance with the terms of the remand.  Where the remand orders are not complied with, the Board itself errs in failing to ensure compliance.  Stegall v. West, 11 Vet. App. 268 (1998).  As such, remand is warranted to ensure compliance with the Board's remand directives. 

The matters are REMANDED for the following action:

1. Obtain all outstanding VA treatment records. 

2. Schedule the Veteran for an examination with an appropriate clinician for his upper jaw disability.  The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated.  The examiner must opine as to the following: 

Is it at least as likely as not (50 percent or greater probability) that the Veteran's jaw defect (class III malocclusion and transverse maxillary deficiency) was subject to a superimposed disease or injury during his period of active service that resulted in additional disability? 

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The examiner must provide all findings, along with a complete rationale for his or her opinions in the examination report.  If any of the above requested opinions cannot be made without resort to speculation the examiner must state this and provide a rationale for such conclusion.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Wimbish, 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.