BVA Case 20-2125: Back

In January 2020, the Board denied entitlement to disability compensation for a dental condition, denied an initial disability rating in excess of 10% for a left wrist disability,declined to take jurisdiction over the issue of entitlement to TDIU,and referred a claim for VA outpatient dental treatment to the AOJ for further referral to the appropriate VA medical facility.

The Board concluded,however,that the TDIU issue was not before the Board because the appellant did not challenge the 2018 rating decision that denied entitlement to TDIU and he did not indicate that he was unemployable solely because of his left wrist disability.

On appeal,the parties agree that the Board erred when it declined to exercise jurisdiction over the issue of TDIU.

Further,the Court will accept the Secretary's additional concession that the Board erred to the extent that it required TDIU to be based solely on the appellant's left wrist disability.

VA Outpatient Dental Treatment The appellant argues that the Board erred when it referred the issue of entitlement to VA outpatient dental treatment to the AOJ and that the Court has jurisdiction to review the Board's referral decision.

Here,the Court agrees with the appellant and concludes that the Board erred when it referred the matter of outpatient treatment to the AOJ,where the appellant's claim for benefits for a dental condition necessarily includes a claim for outpatient dental services.

at 201-02 (holding that the Court had authority to modify a Board decision to reflect remand rather than referral of part of a claim for benefits when the Board denied another part of that claim).

Disability Compensation for a Dental Disability It is the Board's responsibility,as factfinder, to determine the credibility and weight to be given to the evidence.