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Veterans claim and health issues that have been posted on various Sites

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Veterans opinion of VA

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Break down of some Benefits

Dental care

DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington DC 20420 March 21, 2000 Director (00/21/27) In Reply Refer To: 211 All VA Regional Offices and Centers Fast Letter 00-23 SUBJ: 38 CFR 3.381, Service connection of dental conditions for purposes of outpatient dental treatment The provisions in 38 CFR 3.381 related to service connection of dental conditions for treatment purposes only were revised effective June 8, 1999, primarily to clarify that certain specific dental conditions must have developed or been treated after 180 days or more of active service in order to be rated service-connected for VA outpatient dental treatment purposes. The revised regulation did not substantively change any other provisions related to rating certain dental conditions for purposes of outpatient dental treatment which VA is authorized to provide to veterans under certain conditions

(See provisions related to Class II dental treatment in 38 CFR 17.161(b) and 17.162). Although VA regulations state that Class II dental treatment may be authorized on a one-time basis without rating action (38 C.F.R. 17.162), if a VA dental clinic requests that we determine whether certain dental conditions were incurred in or aggravated in service, 38 C.F.R. 3.381 provides the criteria to do so. We have received reports from VHA dental clinics indicating that veterans misunderstand the effect of the revised regulation, believing they are entitled to VA dental care if they had dental treatment in service. The revised regulation has no effect on the eligibility determinations made by VHA under its own regulations in 38 CFR Part 17, including dental care for noncompensable service-connected dental conditions. /s/ Robert J. Epley ########START 38 CFR #.381#########

[Code of Federal Regulations] [Title 38, Volume 1, Parts 0 to 17] [Revised as of July 1, 1999] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.381] [Page 256] VETERANS' RELIEF CHAPTER I- -DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Sec. 3.381 Service connection of dental conditions for treatment purposes. (a) Treatable carious teeth, replaceable missing teeth, dental or alveolar abscesses, and periodontal disease will be considered service- connected solely for the purpose of establishing eligibility for outpatient dental treatment as provided in Sec. 17.161 of this chapter. (b) The rating activity will consider each defective or missing tooth and each disease of the teeth and periodontal tissues separately to determine whether the condition was incurred or aggravated in line of duty during active service. When applicable, the rating activity will determine whether the condition is due to combat or other in-service trauma, or whether the veteran was interned as a prisoner of war. (c) In determining service connection, the condition of teeth and periodontal tissues at the time of entry into active duty will be considered. Treatment during service, including filling or extraction of a tooth, or placement of a prosthesis, will not be considered evidence of aggravation of a condition that was noted at entry, unless additional pathology developed after 180 days or more of active service. (d) The following principles apply to dental conditions noted at entry and treated during service: (1) Teeth noted as normal at entry will be service- connected if they were filled or extracted after 180 days or more of active service. (2) Teeth noted as filled at entry will be service- connected if they were extracted, or if the existing filling was replaced, after 180 days or more of active service. (3) Teeth noted as carious but restorable at entry will not be service-connected on the basis that they were filled during service. However, new caries that developed 180 days or more after such a tooth was filled will be service-connected. (4) Teeth noted as carious but restorable at entry, whether or not filled, will be service-connected if extraction was required after 180 days or more of active service. (5) Teeth noted at entry as non-restorable will not be service- connected, regardless of treatment during service. (6) Teeth noted as missing at entry will not be service connected, regardless of treatment during service. (e) The following will not be considered service- connected for treatment purposes: (1) Calculus; (2) Acute periodontal disease; (3) Third molars, unless disease or pathology of the tooth developed after 180 days or more of active service, or was due to combat or in- service trauma; and (4) Impacted or malposed teeth, and other developmental defects, unless disease or pathology of these teeth developed after 180 days or more of active service. (f) Teeth extracted because of chronic periodontal disease will be service-connected only if they were extracted after 180 days or more of active service. (Authority: 38 U.S.C. 1712) [64 FR 30393, June 8, 1999]

########START 38 CFR 17.162######## [Code of Federal Regulations] [Title 38, Volume 1, Parts 0 to 17] [Revised as of July 1, 1999] >From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.162] [Page 623] VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL- -Table of Contents Sec. 17.162 Eligibility for Class II dental treatment without rating action. When an application has been made for class II dental treatment under Sec. 17.161(b), the applicant may be deemed eligible and dental treatment authorized on a one-time basis without rating action if: