Citation Nr: 1320041	
Decision Date: 06/21/13    Archive Date: 07/02/13

DOCKET NO.  09-50 642	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Hartford, Connecticut


THE ISSUE

Entitlement to service connection for dental trauma of tooth numbered 9.  



REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Joseph P. Gervasio, Counsel


INTRODUCTION

The Veteran served on active duty from September 1968 to September 1972.  

This case comes to the Board of Veterans' Appeals (Board) on appeal of an August 2009 rating decision of the Hartford, Connecticut, Regional Office (RO) of the Department of Veterans Affairs (VA).  

In April 2010, a travel board hearing was scheduled at the RO.  The Veteran did not report for that hearing and the request for hearing is considered withdrawn.  


FINDING OF FACT

A July 1973 rating decision granted, service connection for dental trauma of tooth numbered 9.  


CONCLUSION OF LAW

The appeal on the merits of the Veteran's claim for service connection for dental trauma of tooth numbered 9 is moot by virtue of a July 1973 rating decision grant of service connection.  There remains no matter in controversy for which the Board has jurisdiction.  38 U.S.C.A. §§ 7104(a), 7105(d)(5) (West 2002).  


REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran completed an appeal from an August 2009 rating decision of the VA RO in Hartford, Connecticut, which purported to deny service connection for dental trauma of tooth numbered 9, the Veteran's left upper front tooth.  38 U.S.C.A. § 7104 (West 2002).  Notwithstanding that adjudication, a review of the record shows that a July 1973 rating decision granted service connection for dental trauma of tooth numbered 9.  

Although the July 1973 rating decision indicated that the grant was for dental treatment purposes only and not for compensation, the Board notes that a claim for treatment also includes a claim for compensation.  Mays v. Brown, 5 Vet. App. 302 (1993).  Thus service connection for dental trauma of tooth numbered 9 has already been established for all purposes.  

The Board has considered and rejected an interpretation of the claim for service connection as one of increased rating for lost teeth because the Veteran, in his substantive appeal, specifically wrote wished to have treatment for the residuals of dental trauma.  The Board finds that benefit has already been granted.

Accordingly, the Board finds that the appeal on the merits of the Veteran's claim for service connection for dental trauma of tooth numbered 9 is moot by virtue of the July 1973 rating decision grant in full of service connection for dental trauma of tooth numbered 9, and the current appeal must be dismissed for lack of jurisdiction.  38 U.S.C.A. §§ 7104(a), 7105(d)(5) (West 2002).  


ORDER

The appeal of service connection for dental trauma of tooth numbered 9, being without legal merit because the benefit was previously granted, is dismissed.  



____________________________________________
HARVEY P. ROBERTS
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs