Citation Nr: 21014935 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 16-02 415 DATE: March 16, 2021 ORDER Service connection for a dental disability, for compensation purposes, is granted. FINDING OF FACT The Veteran’s dental disability is etiologically related to an in-service injury and event; it is a dental condition for which compensation benefits are available under 38 C.F.R. § 4.150. CONCLUSION OF LAW The criteria for service connection for a dental disability for VA compensation purposes have been met. 38 U.S.C. § 1101, 1110, 1131, 1154, 5107; 38 C.F.R. § 3.303, 3.30. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Army from January 1954 to January 1957. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Denver, Colorado. The issue on appeal was previously before the Board in February 2019 and May 2020, when it was remanded to the agency of original jurisdiction (AOJ) for additional development. Entitlement to service connection for a dental disability is granted. The Veteran contends that he suffers from a dental disability, to include two broken front teeth and gum damage, as a result of his service. He argues that his dental condition began in service and has continued since. See January 2016 VA Form 9. Disability compensation and VA outpatient dental treatment may be provided for certain specified types of service-connected dental disorders. For other types of service-connected dental disorders, the claimant may receive treatment only and not compensation. 38 U.S.C. § 1712; 38 C.F.R. §§ 3.381, 4.150, 17.161. Dental disabilities that may be compensable are set forth in 38 C.F.R. § 4.150. They include chronic osteomyelitis or osteoradionecrosis of the maxilla or mandible, loss of the mandible, nonunion or malunion of the mandible, limited temporomandibular motion, loss of the ramus, loss of the condyloid or coronoid processes, loss of the hard palate, loss of teeth due to the loss of substance of the body of the maxilla or mandible and where the lost masticatory surface cannot be restored by suitable prosthesis, when the bone loss is a result of trauma or disease but not the result of periodontal disease. 38 C.F.R. § 4.150, Diagnostic Codes 9900-9916. Under 38 C.F.R. § 3.381, treatable carious teeth, replaceable missing teeth, dental or alveolar abscesses, and periodontal diseases are to be considered service-connected only for the purpose of establishing eligibility for outpatient dental treatment as provided in 38 C.F.R. § 17.161. Thus, to warrant compensation for a dental disability, as opposed to treatment only, the evidence must show not only that there was a dental trauma or disease, but that the trauma or disease caused a loss of substance of the body of the maxilla or mandible resulting in a loss of teeth. The Board notes that the Veteran is considered competent to report the observable manifestations of his claimed disability. See Charles v. Principi, 16 Vet. App. 370, 374 (2002). The Veteran maintains that he was hit in the mouth with a rifle during basic training in 1954. He states that, as a result, he suffered two broken front teeth and gum damage. He claims that he currently suffers from nerve damage and worn-down teeth due to a poor fitting bridge. In November 2020, the Veteran was diagnosed with loss of teeth in the maxillary. See November 2020 VA examination. The Veteran’s service treatment records show that a dowel crown was recommended for his two front teeth in January 1954. In January 1955, a bridge was issued for those teeth. In November 2020, the Veteran was afforded a VA oral and dental examination. Upon examination, a VA dentist opined that it was at least as likely as not that the Veteran’s dental disability was due to service. The dentist found that the Veteran’s maxillary anterior teeth were lost due to trauma in service, and subsequently lost the teeth. The dentist noted the Veteran was hit in his mouth with a rifle butt and broke teeth #7, #8, and #9, and has had fifteen different upper partials. The examiner stated that the trauma caused the loss of teeth. In light of the objective clinical medical evidence, and the Veteran’s credible and competent statements in support of the claim, the Board finds that the evidence is at least in equipoise regarding service connection for a dental disorder. Here, the evidence establishes that the Veteran has loss of teeth associated with in-service trauma to teeth #7, #8, and #9. Based on the totality of the evidence, the Board is persuaded that the criteria for an award of service connection for a dental disability have been met. The evidence, at a minimum, gives rise to a reasonable doubt on the matter. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). Service connection for a dental disability is granted. Roya Bahrami Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Kettler, 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.