Citation Nr: 21009140
Decision Date: 02/19/21	Archive Date: 02/19/21

DOCKET NO. 15-38 865
DATE: February 19, 2021

REMANDED

Entitlement to service connection for a dental disability for purposes of obtaining VA outpatient treatment is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1960 to January 1964.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas.

In April 2019, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of this hearing has been associated with the claims file.

In May 2019 and March 2020, the Board remanded the Veteran’s claim for additional development.  After the issuance of a January 2021 supplemental statement of the case, the appeal has been remitted to the Board for further appellate review.

1. Entitlement to service connection for a dental disability for purposes of obtaining VA outpatient treatment is remanded.

The Board regrets the additional delay but finds that remand of the claim for service connection for a dental disability for purposes of obtaining VA outpatient treatment is required for initial adjudication.  Effective February 29, 2012, regulations stipulate that the Veterans Benefit Administration (VBA) will adjudicate a claim for service connection of a dental condition for treatment purposes after the Veterans Health Administration (VHA) has made a determination regarding basic eligibility under the requirements of 38 C.F.R. § 17.161.  38 C.F.R. § 3.381(a).  To date, there has been no eligibility determination made by VHA regarding dental treatment.  In order to afford the Veteran due process, the issue must be returned for proper consideration by VHA.  As a result, remand is again necessary to refer the Veteran’s claim for adjudication of Class eligibility in the first instance under 38 C.F.R. § 3.381.

The matter is REMANDED for the following action:

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After obtaining any additional evidence pertinent to the claim as well as developing the claim in any manner deemed appropriate, refer the Veteran’s claim of entitlement to service connection for a dental disability for purposes of obtaining VA outpatient treatment to VHA for adjudication of Class eligibility in the first instance under 38 C.F.R. § 3.381 (effective February 29, 2012).  38 C.F.R. § 17.161.

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Schick, 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.