Citation Nr: 21067646 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 18-31 596 DATE: November 4, 2021 REMANDED Entitlement to service connection for dental trauma is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from May 1973 to May 1975. This matter comes before the Board of Veteran's Appeals (Board) on appeal from a July 2016 rating decision by a Department of Veterans' Affairs (VA) Regional Office (RO). The Veteran's claim for service connection was initially denied in July 2016; in August 2016, the Veteran submitted additional evidence (specifically, a letter testifying about his claimed in-service injury) and the RO issued a new decision in October 2016, again denying the claim. The Veteran filed a Notice of Disagreement (NOD) requesting review by a Decision Review Officer in November 2016, andwhen his claim was again deniedtimely perfected an appeal to the Board. Because the Veteran submitted new and material evidence within one year of the July 2016 decision, and his NOD was also filed within one year of that decision, the Board will consider the July 2016 decision as the one on appeal. Entitlement to service connection for dental trauma is remanded A veteran is entitled to VA disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. § 1110. Dental disorders are treated differently than other medical disorders in the VA benefits system. Under current VA regulations, compensation is only available for certain types of dental and oral conditions listed under 38 C.F.R. § 4.150. These conditions include, in relevant part, loss of teeth due to loss of substance of the body of the maxilla or mandible due to trauma or disease such as osteomyelitis rather than as a result of periodontal disease. Simmington v. West, 11 Vet. App. 41 (1998); see also 38 C.F.R. § 4.150, Diagnostic Code 9913, at Note. Treatable carious teeth, replaceable missing teeth, and dental or alveolar abscesses are not considered disabling conditions and may be considered service connected solely for establishing eligibility for VA outpatient dental treatment. 38 C.F.R. § 3.381. Here, the Veteran asserts that he lost teeth due to trauma during service; specifically, he says that he was injured during an accident while performing his duties as an equipment operator, when gravel was thrown at his mouth and broke several of his teeth. The Veteran has not been afforded a VA dental examination regarding the claimed condition. VA's duty to assist includes providing a medical examination and obtaining an opinion when it is necessary to decide a claim. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159. Specifically, a medical examination is necessary if the claims file does not contain sufficient evidence to decide the claim, but (1) contains competent evidence of a diagnosed disability or symptoms of disability, (2) establishes that the Veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006). The threshold for this third requirement, finding a potential link between a current disability and service, is low. Locklear v. Nicholson, 20 Vet. App. 410, 419 (2006); McLendon, 20 Vet. App. at 83. The Board finds that all three of the McLendon criteria are met. The Veteran's treatment records note multiple ongoing dental problems, including fractured teeth, missing teeth, and dental caries. While his service treatment records do not document a tooth injury, the Veteran has submitted letters from multiple people who served with him testifying that they remember the incident he described. Additionally, the Board notes that his initial medical examination noted no severe tooth or gum trouble, but severe tooth and gum trouble was noted on subsequent examinations beginning in December 1977 (while the Veteran was serving in the Navy Reserves). Based on the above, the Board finds that a VA dental examination is warranted to assist the Veteran in developing evidence to substantiate his claim to service connection. The matters are REMANDED for the following action: Obtain a VA dental examination regarding the nature and etiology of the Veteran's claimed dental condition. After reviewing the entire claims file, the examiner should answer the following: (a) Is it at least as likely as not that any of the Veteran's dental conditions were caused or aggravated by an in-service injury (trauma), event, or disease? The examiner should consider lay testimony submitted by the Veteran and others. (b) If the Veteran's dental condition is not related to his active service, or to any injury incurred in the line of duty during a period of ACDUTRA or INACDUTRA, what is its likely etiology? A complete and fully explanatory rationale must be provided for any opinion offered, citing any record evidence or medical literature relied upon. If an opinion cannot be rendered without resorting to speculation, the examiner must explain why. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Shermila Sundquist 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.