Citation Nr: 22051206
Decision Date: 09/08/22	Archive Date: 09/08/22

DOCKET NO. 15-32 556
DATE: September 8, 2022

REMANDED

Service connection for a temporomandibular joint disorder (TMJ).

 

REASONS FOR REMAND

The Veteran served on active duty from July 1982 to April 1995 with additional service in the Air Force Reserve.

The case is on appeal from an April 2014 rating decision.

In November 2019, the Veteran testified at a Board hearing.

Most recently, in November 2021, the Board adjudicated five issues and remanded the claim of service connection for TMJ for further development.

Service connection for a TMJ.

As noted, the Board remanded the service connection claim in November 2021 for further development, to include a VA examination to determine the nature and etiology of the Veteran's TMJ, if diagnosed.  The record shows that a VA examination was scheduled for February 2022; however, the Veteran did not attend the examination.

Thereafter, the Veteran's representative submitted an August 2022 brief which requested that the Veteran be afforded another VA examination.  He indicated VA must complete additional development to obtain any required evidence.  He further stated, "the appropriate remedy for this appeal is to remand for further development and complete all remand orders."

Based on the representative's request, as well as fulfilling VA's duty to assist with respect to obtaining examinations or opinions, the Veteran will be afforded another VA examination.  The Board notes when a veteran fails to report for a scheduled examination, his claim may be rated based on the evidence of record.  38 C.F.R. § 3.655; see also Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (finding that the duty to assist is not a one-way street).

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination by an appropriate medical professional to determine the nature and etiology of his TMJ, if diagnosed.

The examiner should identify whether a diagnosis of a TMJ is established.  In addressing this question, the examiner should discuss the Veteran's contention of pain when opening his mouth wide.

The examiner should then provide an opinion as to whether it is at least as likely as not that the Veteran's TMJ had its onset during, or is otherwise related to, service, to include his in-service duties as a fighter pilot.

If an examination is not conducted, a medical opinion should nevertheless be obtained based on the record.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Isaacs, Brandon

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.