Citation Nr: 21025206
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 15-21 867
DATE: April 27, 2021

REMANDED

The claim for service connection for a dental disability, to include for purposes of eligibility for outpatient dental treatment, for teeth other than the lower right second premolar (tooth #29), to include as secondary to the service-connected noncompensable lower right second premolar (tooth #29), is remanded.

REASONS FOR REMAND

In January 2016, the Board granted service connection for the Veteran’s right second premolar (tooth #29) for purposes of eligibility for outpatient dental treatment, and remanded the claim as to all other teeth.  

In August 2018, the Board denied the claim for a dental disability for compensation purposes, and remanded the claim for a dental disability for purposes of eligibility for outpatient dental treatment for all teeth other than the lower right second premolar (hereinafter “tooth #29”).  In March and December of 2020, the Board remanded this claim for additional development.  

1.  The claim for service connection for a dental disability, to include for purposes of eligibility for outpatient dental treatment, for teeth other than the lower right second premolar (tooth #29), to include as secondary to the service-connected noncompensable lower right second premolar (tooth #29), is remanded.

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 dental 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).  

In this case, the RO did not refer the claim of service connection for a dental disability for purposes of VA outpatient treatment purposes.  Therefore, a remand is appropriate for the claim to be referred to the VHA to make the initial determination on the claim.  

The matters are REMANDED for the following action:

1.  Refer the claim for dental treatment to the appropriate VA Medical Center (VAMC) of the VHA to determine if the Veteran meets the basic eligibility requirements of 38 C.F.R. § 17.161.  

2.  If the VAMC determines that the Veteran meets the basic eligibility requirements of 38 C.F.R. § 17.161 and requests VBA make a determination, readjudicate the claim.

 

 

Z. SAHRAIE

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T.S.E., 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.