**§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) and 38 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 p}ace 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 90 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 90 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 90 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. (Authority: 38 U.S.C. 1712)

\(c\) *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).* Those having a service-connected noncompensable
dental condition or disability and who had been detained or interned as
prisoners of war for a period of less than 90 days may be authorized any
treatment as reasonably necessary for the correction of such
service-connected dental condition or disability. (Authority: Pub. L.
100-322; 38 U.S.C. 1712(b)(1)(F))

\(e\) *Class II(c).* Those who were prisoners of war for 90 days or
more, as determined by the concerned military service department, may be
authorized any needed dental treatment. (Authority: Pub. L. 100-322, 38
U.S.C. 1712(b)(1)(F))

\(f\) *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.

All Class IIR (Retroactive) treatment authorized will be completed on a
fee basis status. (Authority: 38 U.S.C. 1712)

\(g\) *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. (Authority: 38 U.S.C. 1712)

\(i\) *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). (Authority: 38 U.S.C. 1712(b); chapter
31)

\(j\) *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. (Authority: 38 U.S.C. 1712)

\[20 FR 9505, Dec. 20, 1955, as amended at 26 FR 11214, Nov. 28, 1961;
27 FR 11424, Nov. 20, 1962; 29 FR 18219, Dec. 23, 1964; 32 FR 13817,
Oct. 4, 1967; 33 FR 5300, Apr. 3, 1968; 45 FR 47680, July 16, 1980; 48
FR 16681, Apr. 19, 1983; 49 FR 5617, Feb. 14, 1984; 54 FR 25449, June
15, 1989; 57 FR 4367, Feb. 5, 1992; 57 FR 41701, Sept. 11, 1992.
Redesignated and amended at 61 FR 21965, 21968, May 13, 1996\]