Citation Nr: 21068965
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 16-47 547
DATE: November 17, 2021

ORDER

Entitlement to service connection for a dental disorder for VA outpatient dental treatment purposes is dismissed.

FINDING OF FACT

The Veteran is in receipt of a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU).  The Veteran's TDIU authorizes him to receive any needed dental treatment from VA.  This renders the claim for service connection for a dental disorder, for VA outpatient dental treatment purposes, moot.

CONCLUSION OF LAW

The issue of entitlement to service connection for a dental disorder for VA outpatient treatment purposes is moot.  38 U.S.C. §§ 1712, 5107; 38 C.F.R. §§ 3.381, 4.150, 17.161.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served in the Army from January 1951 to January 1954.

The Veteran originally requested a Board hearing that was subsequently scheduled in September 2021.  However, he canceled the hearing request, and therefore the hearing request is deemed withdrawn.

Entitlement to service connection for a dental disorder for VA outpatient dental treatment purposes

The Veteran is seeking VA outpatient dental treatment for a dental disorder, to include pulled upper and lower teeth.

Outpatient dental treatment may be authorized by the Chief of Dental Service for beneficiaries defined in 38 U.S.C. § 1712(b) and 38 C.F.R. § 17.93 to the extent prescribed and in accordance with the applicable classification and provisions set forth in 38 C.F.R. § 17.161.  Under 38 C.F.R. § 17.161(h) (Class IV eligibility), a veteran whose service-connected disabilities are rated at 100 percent by schedular evaluation or who are entitled to the 100 percent rate by reason of individual unemployability may be authorized any needed dental treatment.

In a September 2021 rating decision, the Veteran was granted entitlement to a TDIU effective June 23, 2021.  As a result, he is eligible for dental treatment under Class IV.  38 C.F.R. § 17.161(h).  Because the Veteran is entitled to outpatient dental treatment for his service-connected and nonservice-connected dental conditions under this provision, the Veteran is already in receipt of the benefit sought by the claim for service connection for a dental disorder for VA outpatient dental treatment purposes.  The Veteran already being entitled to all needed dental treatment, the present appeal is rendered moot, and the claim for VA outpatient dental treatment is dismissed.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Casey, Counsel

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.