Citation Nr: A25035217 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 240531-444320 DATE: April 16, 2025 REMANDED Entitlement to service connection for bruxism is remanded. REASONS FOR REMAND The Veteran had active naval service from July 2000 to July 2004.???? This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2024 higher level review (HLR) rating decision issued by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).??? In the May 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.?Therefore, the Board may only consider the evidence of record at the time of the May 2024 AOJ decision on appeal. 38?C.F.R. §?20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§?20.300, 20.301, 20.801.? However, because the Board is remanding the claim, any evidence the Board could not consider will be considered by the AOJ in the adjudication of those claims. 38 C.F.R. § 3.103(c)(2)(ii). Service Connection - Bruxism The Board finds that a remand is required to correct a duty to assist error that occurred before the May 2024 rating decision on appeal.?? The Veteran has asserted that their bruxism was caused or aggravated by a service-connected disability, to specifically include their tinnitus.?? A VA medical opinion was obtained in April 2024. At that time, the VA examiner opined that the Veteran's bruxism was less likely than not proximately due to or the result of the Veteran's service-connected disability. However, in providing a rationale, the examiner failed to provide an opinion regarding aggravation. Therefore, the April 2024 VA examination is inadequate for adjudication purposes. As such, a remand is required in order to obtain an adequate medical opinion to determine the nature and etiology of the Veteran's bruxism. 38 C.F.R. § 20.802(a); see also Barr v. Nicholson, 21 Vet. App. 303 (2007). The matters are REMANDED for the following action: Schedule the Veteran for an examination to determine the nature and etiology of claimed bruxism. The claims file must be made available to and reviewed by the examiner. Any indicated tests and studies must be performed.?? Based on the examination results and review of the record, the examiner must provide an opinion as to whether it is at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) that the Veteran's bruxism was caused by, aggravated by, or would not have occurred but for a service-connected disability.?? (Continued on the next page) ? A complete and detailed rationale for all opinions expressed must be provided. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board UmezEronini, Ikechukwu 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.