§ 17.162. Eligibility for Class II dental treatment without rating action.
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/us/cfr/t38/s§ 17.162·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When an application has been made for class II dental treatment under § 17.161(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 (Authority: 38 U.S.C. 1712)
(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. \[37 FR 6847, Apr. 5, 1972, as amended at 48 FR 16682, Apr. 19, 1983. Redesignated and amended at 61 FR 21966, 21968, May 13, 1996\]
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