Citation Nr: 19129727
Decision Date: 04/16/19	Archive Date: 04/16/19

DOCKET NO. 16-19 380
DATE:	April 16, 2019

ORDER

Entitlement to service connection for loss of the upper front tooth is denied.

FINDING OF FACT

The preponderance of the evidence is against finding that the Veteran had dental trauma or disease during service resulting in bone loss of the maxilla or mandible. teeth.  

CONCLUSION OF LAW

The criteria for service connection for a dental disability are not met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a).

REASONS AND BASES FOR FINDING AND CONCLUSION

In April 2016 the Veteran requested service connection for a noncompensable dental disability for the purpose of obtaining VA outpatient dental treatment under 38 C.F.R. § 17.161. See April 2016 VA Form 9.  In May 2016 the Regional Office (RO) informed the Veteran that his claim was being referred to the Madison VA Medical Center eligibility clerk to determine his eligibility.  As an appeal to the Board on the issue of entitlement to service connection for a dental disability for the purpose of obtaining VA outpatient dental treatment has not yet been perfected it is not before the Board at this time.  The issues are as noted on the cover page. 

Entitlement to service connection for loss of the upper front tooth

The Veteran is seeking entitlement to service connection for the loss of his upper front tooth. 

Dental disorders are treated differently than other medical disorders in the VA benefits system. See 38 C.F.R. § 3.381. Compensation is only available for certain types of dental and oral conditions listed under 38 C.F.R. § 4.150. Compensation is available for loss of teeth only if such loss is due to the loss of substance of the body of maxilla or mandible due to trauma or disease, but not loss of the alveolar process as a result of periodontal disease. See 38 C.F.R. § 4.150; Simington v. West, 11 Vet. App. 41 (1998). 

The Veteran is seeking disability compensation for the loss of his upper front tooth.  The Veteran contends that he lost his upper front tooth after he was hit in the mouth with a tent pole. See March 2014 Claim and October 2014 Notice of Disagreement.  The Veteran’s service treatment records (STRs) reflect he was hit in the upper front tooth by a tent pole in October 1988.  It was recommended that the Veteran get a crown on his upper front tooth after his deployment.    

Considering the pertinent evidence in light of the governing legal authority, the Board finds that the preponderance of the evidence is against the claim. Replaceable missing teeth may be considered service-connected solely for establishing eligibility for outpatient dental treatment. 38 C.F.R. § 3.381. The Veteran’s claim for this issue is currently before the RO. 

There is no evidence, or assertion, that the claimed in-service dental trauma caused a loss of teeth due to loss of substance of the body of either the maxilla or the mandible. The Veteran does not contend that he has a current dental disability but that he wishes to get his prostetic tooth replaced. See April 2016 VA Form 9.  Thus, the Veteran’s tooth loss is not contemplated by the dental rating criteria as a disability for VA compensation purposes. 

The criteria for service connection for a dental condition for compensation purposes have not been met. Accordingly, compensation is not warranted, and the appeal is denied.



 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel