[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR3.381]

[Page 266-267]
 
            TITLE 38--PENSIONS, BONUSES, AND 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-

[[Page 267]]

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]