Citation Nr: 21013562 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 15-34 942 DATE: March 9, 2021 ORDER Entitlement to service connection for a dental disorder (loss of tooth #15) for compensation purposes is denied. Entitlement to service connection for a dental disorder (loss of tooth #15) for treatment purposes is granted. FINDINGS OF FACT 1. The Veteran's dental disorder (loss of tooth #15) is not considered a disability for compensation purposes. 2. The evidence shows the loss of tooth #15 is due to an in-service dental trauma. CONCLUSIONS OF LAW 1. The criteria for service connection for a dental disorder for compensation purposes have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.303, 3.381, 4.150. 2. The criteria for entitlement to service connection for a dental disorder for treatment purposes have been met. 38 U.S.C. §§ 1712, 5107; 38 C.F.R. §§ 3.102, 3.381, 4.150, 17.161. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 1970 to October 1989. This matter comes before the Board of Veteran's Appeals (Board) from a May 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The matter was remanded by the Board in October 2018 for further development. While on remand, service connection for temporomandibular joint (TMJ) disorder was awarded. As this is a full grant of benefits sought on appeal regarding this matter, it is no longer before the Board. A claim of service connection for a dental disability is also considered a claim for VA outpatient dental treatment. Mays v. Brown, 5 Vet. App. 302, 306 (1993). Accordingly, the Board has re-characterized the Veteran’s claim as noted on the title page. 1. Service connection for a dental disorder (loss of tooth) for compensation purposes The Veteran contends that while in service he received trauma to his face causing a chin laceration and scar and the loss of tooth #15. The Veteran was treated while in service and tooth #15 was removed in June 1976. Under current VA regulations, service-connected compensation is only available for certain types of dental and oral conditions, such as impairment of the mandible, loss of a portion of the ramus, and loss of a portion of the maxilla. 38 C.F.R. § 4.150. Compensation is available for loss of teeth if such is due to loss of substance of body of maxilla or mandible, only if such bone loss is due to trauma or a disease such as osteomyelitis, and not to the loss of the alveolar process as a result of periodontal disease, as such loss is not considered disabling. Treatable carious teeth, replaceable missing teeth, dental or alveolar abscesses, and periodontal disease are not compensable disabilities and will be considered service connected solely for the purpose of establishing eligibility for outpatient dental treatment. 38 U.S.C. § 1712; 38 C.F.R. §§ 3.381, 4.150. The Veteran seeks service connection for loss of tooth #15. The December 2020 VA examiner stated the Veteran’s missing tooth #15 is replaceable. As replaceable missing teeth cannot be service connected for compensation purposes, the claimed dental disorder can only be considered a disability for the purpose of establishing eligibility for outpatient dental treatment. See 38 C.F.R. § 3.381 (b). Thus, the claim for service connection for compensation purposes must be denied. 2. Entitlement to service connection for a dental disorder (loss of tooth) for treatment purposes The threshold determination of basic eligibility for dental treatment under 38 C.F.R. § 17.161 is based upon meeting the criteria for any of the ten classes. For Class II(a), those having a service-connected noncompensable dental condition or disability adjudicated as resulting from combat wounds or service trauma may be authorized any treatment indicated as reasonably necessary for the correction of such service-connected noncompensable condition or disability. 38 C.F.R. § 17.161 (c). The December 2020 VA examiner stated the Veteran’s missing tooth #15 is related to his in-service laceration and scar on his chin. Veteran’s service treatment records demonstrate that tooth #15 was removed in service after the trauma to his chin in service. (Continued on the next page)   Accordingly, the Board finds that service connection for treatment purposes is warranted for tooth #15, as the evidence shows that the Veteran is currently missing tooth #15 as a result of an in-service dental trauma. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. St. Laurent, Associate 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.