Citation Nr: 25009073 Decision Date: 07/11/25 Archive Date: 07/11/25 DOCKET NO. 11-16 263 DATE: July 11, 2025 ORDER Entitlement to service connection for a dental condition for treatment purposes only is granted, subject to the laws and regulations governing Department of Veterans Affairs (VA) benefits and to the extent that this benefit has not already been approved by the Veterans Health Administration (VHA). FINDING OF FACT The Veteran is a 100 percent disabled veteran, meeting Class IV eligibility for dental treatment. CONCLUSION OF LAW The criteria for entitlement to service connection for a dental condition for dental treatment purposes only under Class IV have been met. 38 U.S.C. § 1712; 38 C.F.R. §§ 3.381, 17.161 (Class IV eligibility). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty from July 1967 to December 1971, and from December 1990 to July 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2010 rating decision of a Regional Office (RO) of the VA. The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Board hearing in April 2014. A transcript of the hearing has been associated with the claims file. By way of history, this matter was previously before the Board in June 2014, at which time the claim was remanded to the Agency of Original Jurisdiction (AOJ) for referral to VHA. Notably, entitlement to service connection for dental treatment purposes is adjudicated in the first instance by VHA. Here, the April 2010 rating decision was issued by the Veterans Benefits Administration (VBA) RO, and it is unclear from the record why VHA did not adjudicate the matter. Pursuant to the June 2014 Board remand, the Veteran's claim was referred to the appropriate VA medical center to determine if the Veteran meets basic eligibility requirements of 38 CFR 17.161. It is unclear from the record whether the RO did refer the claim to the VA medical center for consideration; however, as the Board is granting the benefits sought on appeal, the Veteran is not prejudiced. Entitlement to service connection for a dental condition for dental treatment purposes only is granted, subject to the laws and regulations governing VA benefits and to the extent that this benefit has not already been approved by the VHA. The Veteran asserts he is entitled to eligibility for dental treatment because he sustained a traumatic injury to his mouth during active-duty service in 1968 which has resulted in dental issues that now require regular treatment and attention. See April 2014 Board Hearing transcript. VA outpatient dental treatment may be authorized for certain veterans to the extent prescribed and in accordance with the applicable classification and provisions set forth in VA regulations, which establish various categories of eligibility for such treatment. These categories of eligibility consist of Veterans having a compensable service-connected dental condition (Class I eligibility); one-time treatment for Veterans having a noncompensable service-connected dental condition, provided they apply for treatment within a year after service (Class II eligibility); those having a noncompensable service-connected dental condition adjudicated as resulting from a combat wound or other service trauma (Class II(a) eligibility); those who are involved in the Homeless Veterans Dental Initiative (Class II(b) eligibility); those who were detained as POW (Class II(c) eligibility); those who made prior applications for, and received, dental treatment from VA for noncompensable dental conditions but were denied replacement of missing teeth that were lost during any period of service prior to his or her last period of service (Class IIR (Retroactive) eligibility); those having a dental condition professionally determined to be aggravating disability from an associated service-connected condition or disability (Class III eligibility); those whose service-connected disabilities are rated 100 percent by schedular evaluation or who are entitled to a 100 percent rating by reason of individual unemployability (Class IV eligibility); those who participate in a rehabilitation program under 38 U.S.C. Chapter 31 (Class V eligibility); and those who are scheduled for admission or who are otherwise receiving care and services under Chapter 17 of 38 U.S.C. (Class VI eligibility). 38 U.S.C. § 1712; 38 C.F.R. § 17.161; see also 38 C.F.R. § 3.381. The Veteran initially filed his claim seeking service connection for a dental condition for compensation purposes. However, at the Board hearing in April 2014, he clarified that he was seeking entitlement to service connection for a dental condition for treatment purposes only. He contends he is eligible for dental treatment because of his in-service dental injury and subsequent procedures. In the rating decision on appeal, the RO denied the claim of entitlement to service connection for a dental condition for compensation purposes. The Board, in its June 2014 remand, acknowledged the Veteran's clarification of the issue (i.e., that the Veteran was seeking service connection for a dental condition for treatment purposes), and remanded the claim to the RO for referral to VHA. The Board notes the RO did not refer the matter to the VHA for adjudication of eligibility under the requirements of 38 C.F.R. § 17.161. However, there is no prejudice in the Board proceeding with appellate review as the benefit sought is being granted in full. Here, the Veteran has not been diagnosed with a condition that satisfies the criteria of 38 C.F.R. § 17.161 (a)-(g), (i), or (j). However, under 38 C.F.R. § 17.161 (h) (Class IV eligibility), a veteran whose service-connected disabilities are rated at 100 percent by schedular evaluation or who are entitled to the 100 percent rate by reason of individual unemployability may be authorized any needed dental treatment. In a separate December 2024 rating decision, the Veteran was granted service connection for hemorrhagic stroke with residual cognitive impairment with a 100 percent disability rating. This satisfies the eligibility requirement for Class IV dental treatment as the Veteran's service-connected disabilities are rated 100 percent by schedular evaluation. Based on the foregoing, the Board finds that service connection for Class IV dental treatment purposes is warranted, to the extent that this benefit has not already been approved by VHA. As such, the Veteran's claim for entitlement to service connection for a dental condition for treatment purposes only is granted. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. M. Lowman, 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.