Citation Nr: 21063972 Decision Date: 10/18/21 Archive Date: 10/18/21 DOCKET NO. 09-37 052 DATE: October 18, 2021 ORDER Entitlement to service connection for dental treatment purposes for tooth numbers 9 and 10 is denied. FINDING OF FACT The Veteran does not have a service-connected dental disability (compensable or noncompensable); is not homeless or a designated prisoner of war; does not have an aggravating dental condition; does not have a schedular 100 percent evaluation and is not entitled to a 100 percent rating by reason of individual unemployability; has not been a participant in VA's vocational rehabilitation program under 38 U.S.C. Chapter 31; and has not been scheduled for admission or otherwise received care and services under 38 U.S.C. Chapter 17, during any part of the appeal period. CONCLUSION OF LAW The criteria for service connection for a dental disability for treatment purposes only have not been met. 38 U.S.C. §§ 1712, 5107; 38 C.F.R. § 17.161. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1963 to July 1974. This case comes before the Board of Veterans' Appeals (Board) on appeal from a September 2007 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO). This issue was previously before the Board in May 2013, March 2016, and July 2017, each time remanded for further development. In October 2020 the issue returned to the Board, and it was remanded as a determination on eligibility had not been obtained by the Veterans Health Administration (VHA), and to proceed without adjudication would result in a loss of due process. In January 2021 the VHA determined that the Veteran is not eligible, and the case has since been returned to the Board for appellate review. Entitlement to service connection for dental treatment purposes for tooth numbers 9 and 10 The Veteran contends that they are entitled to service connection for treatment purposes for a dental disability. Service connection for a dental disorder of teeth numbers 9 and 10 for compensation purposes was denied in the October 2020 Board decision. Therefore, the Veteran's claim is reviewed only for consideration of service connection for the purpose of establishing eligibility for outpatient dental treatment as provided in 38 C.F.R. § 17.161. VA outpatient dental treatment may be authorized for certain Veterans to the extent prescribed and in accordance with the applicable classification and provisions set forth in VA regulations, which set forth various categories of eligibility for such treatment. 38 U.S.C. § 1712; 38 C.F.R. § 17.161; see also 38 C.F.R. § 3.381. Class I VA outpatient treatment is available for Veterans with an adjudicated compensable service-connected dental condition. As noted above, service connection for a dental disorder for compensation purposes was denied in the October 2020 Board decision; therefore, entitlement to Class I dental treatment is not warranted. 38 C.F.R. § 17.161(a). Class II eligibility may be authorized for any treatment indicated as reasonably necessary for the one-time correction of the service-connected noncompensable condition for Veterans having a service-connected noncompensable dental condition or disability shown to have been in existence at time of discharge or release from active service, which took place after September 30, 1981, but only if, among other requirements, the application for treatment is made within 180 days after such discharge or release. As noted in the October 2020 Board decision, the Veteran underwent treatment for teeth numbers 9 and 10 in April 1968 while in service. The Veteran's separation examination conducted in October 1973 indicated Type III, Class I, Qualified under the section for remarks and additional dental defects and diseases. After their separation from service, the Veteran sought dental treatment from private providers, but those records of private dental treatment are not available for review. An August 2016 VA treatment record reflects that the Veteran reported that much of the Veteran's dentition, including teeth numbers 9 and 10, were extracted around 1979, and complete dentures were provided by a private clinician. The Veteran filed their claim in 2007 and did not make an application within 180 days from discharge. Additionally, they do not have a service-connected noncompensable dental disability. They are not eligible for Class II treatment. 38 C.F.R. § 17.161(b)(1)(i)(B). The Board has also determined that the Veteran is not eligible for any of the additional classes of outpatient VA dental treatment. The Veteran does not have a service-connected noncompensable dental condition determined to be the result of combat wounds or other service trauma (Class II(a)). "Service trauma" for this purpose means an injury or wound produced by an external physical force during the service member's performance of military duties and excludes the intended result of proper medical treatment. Nielson v. Shinseki, 607 F.3d 802, 808 (Fed. Cir. 2010). Further, the Veteran is not shown to be homeless or otherwise eligible pursuant to 38 U.S.C. § 2062 (Class II(b)); they were not a former prisoner of war (Class II(c)); and there is no evidence that the Veteran previously applied for dental treatment, was denied, and made an application for retroactive benefits on or before April 5, 1983 (Class IIR). 38 C.F.R. § 17.161. While the Board acknowledges the Veteran's well-documented dental problems and that dental treatment is needed to address those dental problems, pursuant to 38 C.F.R. § 17.161, "medically necessary" outpatient dental care means treatment for a "dental condition clinically determined to be complicating a medical condition currently under [VA] treatment." The record does not reflect, and the Veteran has not identified, any medical condition for which they receive VA treatment, and which the dental condition has been clinically determined to be complicating. Thus, they have not been shown to meet the Class III eligibility criteria of 38 U.S.C. § 1712 and 38 C.F.R. § 17.161. Further, they do not have a 100 percent disability rating by either schedular rating or by reason of individual unemployability (Class IV); they are not participating in a rehabilitation program under 38 U.S.C. chapter 31, where dental services have been professionally determined to be necessary (Class V); and they are not scheduled for admission or otherwise receiving care and services under 38 U.S.C. chapter 17 for a dental condition that has been clinically determined to be complicating a medical condition currently under treatment (Class VI). 38 C.F.R. § 17.161. (Continued on the next page) Therefore, preponderance of the evidence is against a finding that the Veteran meets any of eligibility criteria for VA outpatient dental treatment benefits. Accordingly, service connection for a dental disability for VA outpatient dental treatment purposes must be denied. See 38 U.S.C. § 5107. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Rogos 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.