Citation Nr: 21028262 Decision Date: 05/10/21 Archive Date: 05/10/21 DOCKET NO. 15-41 251 DATE: May 10, 2021 ORDER Entitlement to service connection for a dental condition for compensation purposes is denied. FINDING OF FACT The record does not show that the Veteran has a current dental condition for which VA disability compensation may be paid. CONCLUSION OF LAW The criteria for entitlement to service connection for a dental condition for compensation purposes have not been met. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.303, 3.381, 4.150. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the United States Marine Corps from September 1966 to September 1968, including service in the Republic of Vietnam. The Veteran died in June 2014, during the pendency of the appeal. The appellant, the Veteran's widow, has been recognized as the substitute claimant pursuant to 38 U.S.C. § 5121A and 38 C.F.R. § 3.1010(b). Accordingly, the appellant is entitled to pursue all pending matters as if she were the Veteran, with the same rights and responsibilities. In June 2019 and September 2020, the Board remanded the matter for additional development; substantial compliance with the Board's prior remand orders is demonstrated. See Dyment v. West, 13 Vet. App. 141, 146-47 (1999); Stegall v. West, 11 Vet. App. 268, 271 (1998). VA has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C. §§ 5100, 5102, 5103, 5103A, 5107, 5126; 38 C.F.R. §§ 3.102, 3.159, 3.326(a). To that end, the RO requested complete VA dental records. As such, VA has satisfied its duty to assist with the procurement of relevant records. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). Entitlement to service connection for a dental condition for compensation purposes The Veteran seeks entitlement to service connection for a dental condition for compensation purposes. He contends that he had several root canals fail in the 1970's because of hairline cracks in his teeth, due to in-service exposure to artillery. Under VA law, compensation is only available for certain types of dental and oral conditions that are rated under 38 C.F.R. § 4.150, Diagnostic Codes 9900 to 9916. Diagnostic Code 9913 applies to service connection claims involving the teeth. Compensation is only paid for loss of teeth due to loss of substance of the body of the maxilla or mandible without loss of continuity. This only applies to bone loss through trauma or disease such as osteomyelitis, and not to the loss of the alveolar process as a result of periodontal disease, since such loss is not considered disabling. See Note following 38 C.F.R. § 4.150, Diagnostic Code 9913. VA regulations distinguish between "replaceable missing teeth" or periodontal disease and teeth lost as a result of "loss of substance of body of maxilla or mandible." Simington v. West, 11 Vet. App. 41 (1998); 38 C.F.R. § 3.381. Replaceable missing teeth may be considered as service connected solely for the purpose of determining entitlement to dental examinations or outpatient dental treatment. However, only the loss of teeth due to the loss of substance of the body of either the maxilla or mandible through trauma or disease such as osteomyelitis is considered compensable and may be rated under the appropriate diagnostic codes. Thus, to warrant compensation for a dental disability, as opposed to outpatient dental treatment only, the evidence must show not only that there was dental trauma or disease, such as osteomyelitis, but that such trauma or disease caused a loss of substance of body of the maxilla or mandible resulting in a loss of teeth. Turning to the evidence of record, in an April 2012 statement, the Veteran explains that he had hairline cracks in his teeth due to in-service exposure to artillery. He has not contended, and the record does not indicate, that he suffered dental trauma or disease during service such that he has loss of teeth due to loss of substance of the body of the maxilla or mandible. The Board notes that the claims file does not contain any dental treatment records. Accordingly, the record does not show that the Veteran has loss of the substance of the body of the maxilla or mandible due to in-service dental trauma or disease such as osteomyelitis. The record does not suggest any other basis for awarding service connection for a dental disorder for VA compensation purposes. Thus, the criteria to award entitlement to service connection for a dental condition for compensation purposes have not been established, either through medical evidence or probative lay evidence. The Board notes that a claim for service connection for a dental disorder for compensation purposes is also a claim for VA outpatient dental treatment under 38 C.F.R. § 3.381. Mays v. Brown, 5 Vet. App. 302 (1993). As discussed above, treatable carious teeth, replaceable missing teeth, dental or alveolar abscesses, and periodontal disease are not compensable disabilities and may only be service-connected for the purpose of determining entitlement to outpatient dental treatment. However, treatment, in this case, is not required considering the unfortunate passing of the Veteran. In summary, the record does not show that the Veteran has a current dental condition for which VA disability compensation may be paid. In view of the foregoing, the Board concludes that the preponderance of the evidence is against the claim for entitlement to service connection for a dental condition for compensation purposes. Because the preponderance of the evidence is against the claim, the doctrine of reasonable doubt is not for application, and the claim must be denied. 38 U.S.C. § 5107 (b). Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Russell, Tangela 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.