Citation Nr: 21032409
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 14-41 389A
DATE: May 27, 2021

REMANDED

Entitlement to service connection for a dental condition, to include on the basis of eligibility for outpatient dental treatment, is remanded.

REASONS FOR REMAND

The Veteran served on active service from October 1983 to May 1991.  

This issue was previously before the Board in November 2018, at which time it was remanded for further development.  The Board notes that additional service connection claims were remanded in the November 2018 Board decision; however, service connection was granted for these claims in a September 2020 rating decision.  

Additionally, the issue of entitlement to an overall or combined rating of 70 percent prior to September 29, 2010 was also remanded as inextricably intertwined with the remanded issues in the November 2018 Board decision.  In January 2021, following the issuance of a November 2020 Supplemental Statement of the Case addressing only this issue, the Veteran elected to opt-in to the Appeals Modernization Act (AMA) appeals system.  Thus, a separate decision will be issued under the AMA appeals system for entitlement to an overall or combined rating of 70 percent prior to September 29, 2010.

Entitlement to service connection for a dental condition, to include on the basis for eligibility for outpatient dental treatment, is remanded.

In its November 2018 decision, the Board noted that the agency of original jurisdiction (AOJ) had only considered the Veteran's dental claim on the basis of service connection for a dental disabilty for compensation purposes not on the issue of service connection for a dental disabilty on the basis of eligibility for outpatient dental treatment, as the Veteran had claimed in April 2008.  On remand, the Board directed the AOJ to conduct all necessary development and adjudicate the issue of service connection for a dental disabilty on the basis of eligibility for outpatient dental treatment.

Unfortunately, there has not been substantial compliance with the Board's previous remand.  A review of the claims file indicates that AOJ conducted no additional development on the Veteran's dental claim nor did it adjudicate the issue in regard to eligbility for outpaitent dental treatment following the Board's November 2018 decision.  Another remand is required so that the indicated development and adjudication may be accomplished.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Complete any indicated development for the dental treatment claim, to include referring it to VHA if deemed necessary.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and 

provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

James Springer

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Bristow Williams, 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.