38 C.F.R. § 17.123

Claimants

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A claim for payment or reimbursement of services not previously authorized may be filed by the veteran who received the services (or his/her guardian) or by the hospital, clinic, or community resource which provided the services, or by a person other than the veteran who paid for the services.

[39 FR 1844, Jan. 15, 1974, as amended at 45 FR 53807, Aug. 13, 1980. Redesignated at 61 FR 21966, May 13, 1996]

Notes of Decisions

Cited in 7 cases, 1993–2009 · leading case: Woodson v. Brown, 8 Vet. App. 352 (Vet. App. 1995).

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Woodson v. Brown, 8 Vet. App. 352 (Vet. App. 1995). · cites it 11× “” See also 38 C.F.R. § 17.123 (a) (1994). Such veterans “may be authorized any dental treatment indicated as reasonably necessary to maintain oral health and masticatory function.”

James Woodson, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 87 F.3d 1304 (Fed. Cir. 1996). · cites it 5× “§ 1712 (b)(1)(A); 38 C.F.R. § 17.123 (a) (1995), because he neither claimed nor submitted evidence that the removal of his teeth was due to damage to either of his jaws.”

Mays v. Brown, 5 Vet. App. 302 (Vet. App. 1993). · cites it 3× “The corresponding regulation, 38 C.F.R. § 17.123 (1992), divides those veterans eligible for outpatient dental treatment into six major classes.”

Zimick v. West, 11 Vet. App. 45 (Vet. App. 1998). “See 38 C.F.R. § 17.123 (claim for reimbursement of services not previously authorized may be made by the veteran who received the services or the facility which provided the services); see also Malone, 10 Vet.”

Malone v. Gober, 10 Vet. App. 539 (Vet. App. 1997). “See 38 C.F.R. § 17.123 (claim for reimbursement of services not previously authorized may be made by the veteran who received the services or the facility which provided the services).”

Denise Loreth v. Eric K. Shinseki, 23 Vet. App. 159 (Vet. App. 2009). “Furthermore, 38 C.F.R. § 17.123 provides that claims for “reimbursement of services not previously authorized may be filed by the veteran who received the services (or his/her guardian) or by the hospital, clinic, or community resource which provided the services, or by a person…”

Grovhoug v. Brown, 7 Vet. App. 209 (Vet. App. 1994). “In March 1993, the BVA denied entitlement to outpatient dental treatment, determining that the appellant did not meet the requirements for Class I, II, 11(a), or III eligibility for outpatient dental treatment under 38 C.F.R. § 17.123 (1993), and that the other eligibility…”

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