---
kind: "range"
citation: "38 C.F.R. §§ 17.160–17.166"
title: "38"
from: "17.160"
to: "17.166"
count: 7
url: "https://uscodex.org/cfr/38/17.160..17.166"
---

# §17.160. Authorization of dental examinations.


When a detailed report of dental examination is essential for a determination of eligibility for benefits, dental examinations may be authorized for the following classes of claimants or beneficiaries:

- (a) Those having a dental disability adjudicated as incurred or aggravated in active military, naval, or air service or those requiring examination to determine whether the dental disability is service connected.
- (b) Those having disability from disease or injury other than dental, adjudicated as incurred or aggravated in active military, naval, or air service but with an associated dental condition that is considered to be aggravating the basic service-connected disorder.
- (c) **Those for whom a dental examination is ordered as a part of a general physical examination.**
- (d) **Those requiring dental examination during hospital, nursing home, or domiciliary care.**
- (e) Those held to have suffered dental injury or aggravation of an existing dental injury, as the result of examination, hospitalization, or medical or surgical (including dental) treatment that had been awarded.
- (f) Veterans who are participating in a rehabilitation program under 38 U.S.C. chapter 31 are entitled to such dental services as are professionally determined necessary for any of the reasons enumerated in [§ 17.47(g)](/cfr/38/17.47.md?p=g).
- (g) Those for whom a special dental examination is authorized by the Under Secretary for Health or the Assistant Chief Medical Director for Dentistry.
- (h) Persons defined in [§ 17.93](/cfr/38/17.93.md).

# §17.161. Authorization of outpatient dental treatment.


Outpatient dental treatment may be authorized by the Chief, Dental Service, for beneficiaries defined in 38 U.S.C. [1712(b)](/usc/38/1712.md?p=b) and [38](/usc/38/38.md) CFR 17.93 to the extent prescribed and in accordance with the applicable classification and provisions set forth in this section.

- (a) **Class I.** Those having a service-connected compensable dental disability or condition, may be authorized any dental treatment indicated as reasonably necessary to maintain oral health and masticatory function. There is no time limitation for making application for treatment and no restriction as to the number of repeat episodes of treatment.
- (b) **Class II.**
  - (1)
    - (i) Those having a service-connected noncompensable dental condition or disability shown to have been in existence at time of discharge or release from active service, which took place after September 30, 1981, may be authorized any treatment indicated as reasonably necessary for the one-time correction of the service-connected noncompensable condition, but only if:
      - (A) They served on active duty during the Persian Gulf War and were discharged or released, under conditions other than dishonorable, from a period of active military, naval, or air service of not less than 90 days, or they were discharged or released under conditions other than dishonorable, from any other period of active military, naval, or air service of not less than 180 days;
      - (B) **Application for treatment is made within 180 days after such discharge or release.**
      - (C) The certificate of discharge or release does not bear a certification that the veteran was provided, within the 90-day period immediately before such discharge or release, a complete dental examination (including dental X-rays) and all appropriate dental treatment indicated by the examination to be needed, and
      - (D) Department of Veterans Affairs dental examination is completed within six months after discharge or release, unless delayed through no fault of the veteran.
    - (ii) Those veterans discharged from their final period of service after August 12, 1981, who had reentered active military service within 90 days after the date of a discharge or release from a prior period of active military service, may apply for treatment of service-connected noncompensable dental conditions relating to any such periods of service within 180 days from the date of their final discharge or release.
    - (iii) If a disqualifying discharge or release has been corrected by competent authority, application may be made within 180 days after the date of correction.
  - (2)
    - (i) Those having a service-connected noncompensable dental condition or disability shown to have been in existence at time of discharge or release from active service, which took place before October 1, 1981, may be authorized any treatment indicated as reasonably necessary for the one-time correction of the service-connected noncompensable condition, but only if:
      - (A) They were discharged or released, under conditions other than dishonorable, from a period of active military, naval or air service of not less than 180 days.
      - (B) **Application for treatment is made within one year after such discharge or release.**
      - (C) Department of Veterans Affairs dental examination is completed within 14 months after discharge or release, unless delayed through no fault of the veteran.
    - (ii) Those veterans discharged from their final period of service before August 13, 1981, who had reentered active military service within one year from the date of a prior discharge or release, may apply for treatment of service-connected noncompensable dental conditions relating to any such prior periods of service within one year of their final discharge or release.
    - (iii) If a disqualifying discharge or release has been corrected by competent authority, application may be made within one year after the date of correction.
- (c) **Class II—** (a). Those having a service-connected noncompensable dental condition or disability adjudicated as resulting from combat wounds or service trauma may be authorized any treatment indicated as reasonably necessary for the correction of such service-connected noncompensable condition or disability.
- (d) **Class II(b).** Certain homeless and other enrolled veterans eligible for a one-time course of dental care under [38 U.S.C. 2062](/usc/38/2062.md).
- (e) **Class II(c).** Those who were prisoners of war, as determined by the concerned military service department, may be authorized any needed outpatient dental treatment.
- (f) **Class IIR (Retroactive).** Any veteran who had made prior application for and received dental treatment from the Department of Veterans Affairs for noncompensable dental conditions, but was denied replacement of missing teeth which were lost during any period of service prior to his/her last period of service may be authorized such previously denied benefits under the following conditions:
  - (1) **Application for such retroactive benefits is made within one year of April 5, 1983.**
  - (2) **Existing Department of Veterans Affairs records reflect the prior denial of the claim.**
- (g) **Class III.** Those having a dental condition professionally determined to be aggravating disability from an associated service-connected condition or disability may be authorized dental treatment for only those dental conditions which, in sound professional judgment, are having a direct and material detrimental effect upon the associated basic condition or disability.
- (h) **Class IV.** Those whose service-connected disabilities are rated at 100% by schedular evaluation or who are entitled to the 100% rate by reason of individual unemployability may be authorized any needed dental treatment.
- (i) **Class V.** A veteran who is participating in a rehabilitation program under 38 U.S.C. chapter 31 may be authorized such dental services as are professionally determined necessary for any of the reasons enumerated in [§ 17.47(g)](/cfr/38/17.47.md?p=g).
- (j) **Class VI.** Any veterans scheduled for admission or otherwise receiving care and services under chapter 17 of 38 U.S.C. may receive outpatient dental care which is medically necessary, i.e., is for dental condition clinically determined to be complicating a medical condition currently under treatment.

# §17.162. Eligibility for Class II dental treatment without rating action.


When an application has been made for class II dental treatment under [§ 17.161(b)](/cfr/38/17.161.md?p=b), the applicant may be deemed eligible and dental treatment authorized on a one-time basis without rating action if:

- (a) The examination to determine the need for dental care has been accomplished within the specified time limit after date of discharge or release unless delayed through no fault of the veteran, and sound dental judgment warrants a conclusion the condition originated in or was aggravated during service and the condition existed at the time of discharge or release from active service, and
- (b) The treatment will not involve replacement of a missing tooth noted at the time of Department of Veterans Affairs examination except:
  - (1) In conjunction with authorized extraction replacement, or
  - (2) When a determination can be made on the basis of sound professional judgment that a tooth was extracted or lost on active duty.
- (c) Individuals whose entire tour of duty consisted of active or inactive duty for training shall not be eligible for treatment under this section.

# §17.163. Posthospital outpatient dental treatment.


The Chief, Dental Service may authorize outpatient dental care which is reasonably necessary to complete treatment of a nonservice-connected dental condition which was begun while the veteran was receiving Department of Veterans Affairs authorized hospital care.


# §17.164. Patient responsibility in making and keeping dental appointments.


Any veteran eligible for dental treatment on a one-time completion basis only and who has not received such treatment within 3 years after filing the application shall be presumed to have abandoned the claim for dental treatment.


# §17.165. Emergency outpatient dental treatment.


When outpatient emergency dental care is provided, as a humanitarian service, to individuals who have no established eligibility for outpatient dental care, the treatment will be restricted to the alleviation of pain or extreme discomfort, or the remediation of a dental condition which is determined to be endangering life or health. The provision of emergency treatment to persons found ineligible for dental care will not entitle the applicant to further dental treatment. Individuals provided emergency dental care who are found to be ineligible for such care will be billed.


# §17.166. Dental services for hospital or nursing home patients and domiciled members.


Persons receiving hospital, nursing home, or domiciliary care pursuant to the provisions of §§ [17.46](/cfr/38/17.46.md) and [17.47](/cfr/38/17.47.md), will be furnished such dental services as are professionally determined necessary to the patients' or members' overall hospital, nursing home, or domiciliary care.