Citation Nr: 18123795 Decision Date: 08/03/18 Archive Date: 08/03/18 DOCKET NO. 15-16 921 DATE: August 3, 2018 ORDER Entitlement to service connection for a dental disability for VA treatment purposes only is granted. REMANDED Entitlement to service connection for a dental disability for VA compensation purposes is remanded. FINDING OF FACT A noncompensable dental disability was incurred during service. CONCLUSION OF LAW The criteria for service connection for a dental disability for dental treatment purposes were met. 38 U.S.C. §§ 1110, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.381, 17.161(c) (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active naval service from June 1959 to May 1963, and active military service from February 1964 to December 1966 and from September 1972 to January 2001. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California. In connection with this appeal, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in May 2018. A transcript of that hearing has been associated with the claims file. 1. Dental conditions for treatment purposes only. The Veteran asserts that he has a dental condition that was caused by in-service trauma. Treatable carious teeth, replaceable missing teeth, dental or alveolar abscesses, and periodontal disease will be considered service connected solely for the purpose of establishing eligibility for outpatient dental treatment and cannot be considered for compensation purposes. 38 U.S.C. § 1712; 38 C.F.R. §§ 3.381, 4.150. To establish entitlement to service connection for loss of a tooth, the Veteran must have sustained a combat wound or other in-service trauma. 38 U.S.C. § 1712; 38 C.F.R. § 3.381 (b). The significance of finding that a dental condition is due to in-service trauma is that a veteran will be eligible for VA outpatient dental treatment, without being subject to the usual restrictions of a timely application and one-time treatment. 38 C.F.R. § 17.161 (c). The Board finds that the Veteran is eligible for VA outpatient dental treatment. The service treatment records (STRs) are silent for dental trauma. However, the STRs do note that the Veteran had pain in his mandible, and that the Veteran had many missing teeth during service. The evidence of record supports that the Veteran lost teeth due to trauma during service. The Veteran testified that the trauma was caused when he tripped and fell in service. He testified that he hit his shoulder, face, side, and jaw. He stated that as a result of that fall, he had many teeth pulled. Moreover, he testified that he began to have additional difficulties with his teeth after they were pulled. The Board finds the Veteran’s testimony to be competent and credible, and therefore, highly probative on whether an in-service dental trauma occurred. The evidence provided is competent and credible, and in this case, highly probative on whether the Veteran is entitled to dental treatment. Therefore, as the preponderance of the evidence is in favor of the Veteran’s claim for a dental disability for treatment, the claim is granted. As the claim is granted, the benefit of the doubt rule is inapplicable. Gilbert v. Derwinski, 1 Vet. App. 49 (1990). REASONS FOR REMAND Dental condition for compensation purposes only. To date, the Veteran has not had a VA examination with regards to his dental disability. The Veteran has consistently asserted that he had a dental injury while in service. Indeed, as discussed above, the Board found the Veteran’s statements to be credible and highly probative regarding his in-service injury. Moreover, the Veteran’s STRs do note that the Veteran had pain in his mandible. In light of the Veteran’s credible statements, the notation of mandible pain, and the absence of dental records associated with the file, the Board concludes that the Veteran should be afforded a VA examination to determine the nature and etiology of any current dental disability. The matter is REMANDED for the following action: 1. Identify and obtain any outstanding service personnel records and service treatment records and associate them with the claims file. 2. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 3. Then, schedule the Veteran for an appropriate dental examination to determine the nature of the claimed dental disability. All indicated diagnostic tests and studies must be accomplished. The complete record, including a copy of this remand must be reviewed by the examiner in conjunction with the examination. Based on the clinical examination, a review of the evidence of record, and with consideration of the Veteran’s statements, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent probability or greater), that any currently diagnosed dental disorder was incurred in or is due to the Veteran’s active service, to specifically include the Veteran’s credible reported in-service injury. The examiner should presume that the Veteran is a reliable historian with regard to his in-service dental trauma. The rationale for all opinions expressed must be provided. 3. Confirm that the VA examination report and any opinions provided comport with this remand, and undertake any other development found to be warranted. 4. Then, readjudicate the remaining issue on appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs