Citation Nr: 21009752 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 15-19 484 DATE: February 23, 2021 ORDER Entitlement to service connection for periodontal disease for the purpose of obtaining VA outpatient dental treatment on a one-time completion basis (Class II eligibility) is granted. FINDING OF FACT There is no evidence that the Veteran was provided written notice of the eligibility requirements for VA outpatient dental treatment at the time of his discharge. A VA dental examination was not completed within six months of discharge through no fault of the Veteran. CONCLUSION OF LAW The criteria for one-time dental treatment (Class II eligibility) for periodontal disease have been met. 38 U.S.C. § 1712; 38 C.F.R. § 3.381, 17.161(b). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service in the United States Army from July 1979 to July 1981 and again from July 1984 to August 2010. He testified before the undersigned Veterans Law Judge (VLJ) at a Travel Board hearing in May 2019. A transcript of the hearing is of record. Entitlement to service connection for a dental disability for treatment purposes. As previously noted, the Veteran has limited his appeal in that he is requesting service connection for his periodontal disease for treatment purposes only. See May 2019 Letter. Effective February 29, 2012, the regulations provide that the Veterans Benefits 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; 38C.F.R. § 3.381(a). In September 2019, the Board remanded the Veteran’s claim for VHA consideration. In November 2020, VHA indicated that the Veteran would not be eligible for treatment as he is only currently rated as 20 percent disabled and is employable. However, unemployability is not a requirement for one-time dental treatment (Class II). Treatable carious teeth, replaceable missing teeth, dental or alveolar abscesses, and periodontal disease will be considered service-connected solely for the purpose of establishing eligibility for outpatient dental treatment as provided in Sec. 17.161. 38 C.F.R. § 3.381(a). In this instance, the Veteran seeks one-time treatment for gum disease, also known as periodontal disease. For the purpose of entitlement to VA outpatient dental treatment, various categories of eligibility exist, which include one-time treatment for veterans having a noncompensable service-connected dental condition (Class II eligibility). 38 U.S.C. § 1712; 38 C.F.R. § 17.161. Those having a service-connected noncompensable dental condition or disability shown to have been in existence at the time of discharge or release from active service, which took place after September 30, 1981, may be authorized any treatment indicated as reasonably necessary for the one-time correction of the service-connected noncompensable condition, but only if: (A) They served on active duty during the Persian Gulf War and were discharged or released, under conditions other than dishonorable, from a period of active military, naval, or air service of not less than 90 days, or they were discharged or released under conditions other than dishonorable, from any other period of active military, naval, or air service of not less than 180 days; (B) Application for treatment is made within 180 days after such discharge or release; (C) The certificate of discharge or release does not bear a certification that the Veteran was provided, within the 90-day period immediately before such discharge or release, a complete dental examination (including dental X-rays) and all appropriate dental treatment indicated by the examination to be needed; and, (D) VA dental examination is completed within six months after discharge or release, unless delayed through no fault of the Veteran. 38 C.F.R. § 17.161(b)(1). 38 U.S.C. § 1712(a)(2) provides that a veteran who is to be released from service shall be given a written explanation of the eligibility requirements for VA outpatient dental treatment. The explanation shall be signed by the service member or shall include a certification that the member refused to sign. If there is no certification of record, the time limit for application is not considered to have begun and the completion of VA dental examination has been delayed through no fault of the Veteran. See Mays v. Brown, 5 Vet. App. 302, 306 (1993). The evidence of record shows that the Veteran was first diagnosed with gum disease while on active duty in October 1988. He received periodontal care, including undergoing two surgeries, until his retirement in September 2010. In a December 2012 statement, the Veteran reported that since service, he continued to have pockets in his gums that were 3-5mm deep. He stated, “since these pockets cannot be kept clean, the return of my periodontal/gum disease is very likely.” Regarding the requirements for eligibility for VA outpatient dental (Class II) treatment, on a one-time completion basis, the Board notes that the Veteran served during the Persian Gulf War and was discharged in August 2010. Therefore, he meets the first requirement. In addition, the record shows that he first applied for service connection for a dental disability (periodontal disease) in August 2010. Application was made within 180 days following his discharge from service. Therefore, the second requirement has also been met. Regarding the third and fourth requirements, a review of the record does not reveal any evidence showing that the Veteran signed a certification that he was given written explanation of the eligibility requirements for VA outpatient dental treatment. His DD Form 214, Certificate of Discharge or Release from Active Duty, section 17 indicates that he was not provided a complete dental examination and all appropriate services and treatment within 90 days prior to separation. Although a VA dental examination was not completed within six months after discharge, this was through not fault of the Veteran. Since discharge, the Veteran has sought to obtain treatment for his periodontal disease. Therefore, the Board resolves all reasonable doubt in his favor and finds that he meets also meets the third and fourth requirement under 38 C.F.R. § 17.161. Based on the above, the Board finds that the Veteran is eligible for VA dental treatment on a one-time completion basis (Class II) for periodontal disease. See 38 C.F.R. § 17.161(b)(1); Mays v. Brown, supra. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Martha R. Luboch, 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.