38 C.F.R. § 4.150
Schedule of ratings—dental and oral conditions
| Rating | |
|---|---|
| Note (1): For VA compensation purposes, diagnostic imaging studies include, but are not limited to, conventional radiography (X-ray), computed tomography (CT), magnetic resonance imaging (MRI), positron emission tomography (PET), radionuclide bone scanning, or ultrasonography | |
| Note (2): Separately evaluate loss of vocal articulation, loss of smell, loss of taste, neurological impairment, respiratory dysfunction, and other impairments under the appropriate diagnostic code and combine under § 4.25 for each separately rated condition | |
| 9900 Maxilla or mandible, chronic osteomyelitis, osteonecrosis or osteoradionecrosis of: | |
| Rate as osteomyelitis, chronic under diagnostic code 5000. | |
| 9901 Mandible, loss of, complete, between angles | 100 |
| 9902 Mandible, loss of, including ramus, unilaterally or bilaterally: | |
| Loss of one-half or more, | |
| Involving temporomandibular articulation | |
| Not replaceable by prosthesis | 70 |
| Replaceable by prosthesis | 50 |
| Not involving temporomandibular articulation. | |
| Not replaceable by prosthesis | 40 |
| Replaceable by prosthesis | 30 |
| Loss of less than one-half, | |
| Involving temporomandibular articulation. | |
| Not replaceable by prosthesis | 70 |
| Replaceable by prosthesis | 50 |
| Not involving temporomandibular articulation. | |
| Not replaceable by prosthesis | 20 |
| Replaceable by prosthesis | 10 |
| 9903 Mandible, nonunion of, confirmed by diagnostic imaging studies: | |
| Severe, with false motion | 30 |
| Moderate, without false motion | 10 |
| 9904 Mandible, malunion of: | |
| Displacement, causing severe anterior or posterior open bite | 20 |
| Displacement, causing moderate anterior or posterior open bite | 10 |
| Displacement, not causing anterior or posterior open bite | 0 |
| 9905 Temporomandibular disorder (TMD): | |
| Interincisal range: | |
| 0 to 10 millimeters (mm) of maximum unassisted vertical opening. | |
| With dietary restrictions to all mechanically altered foods | 50 |
| Without dietary restrictions to mechanically altered foods | 40 |
| 11 to 20 mm of maximum unassisted vertical opening. | |
| With dietary restrictions to all mechanically altered foods | 40 |
| Without dietary restrictions to mechanically altered foods | 30 |
| 21 to 29 mm of maximum unassisted vertical opening. | |
| With dietary restrictions to full liquid and pureed foods | 40 |
| With dietary restrictions to soft and semi-solid foods | 30 |
| Without dietary restrictions to mechanically altered foods | 20 |
| 30 to 34 mm of maximum unassisted vertical opening. | |
| With dietary restrictions to full liquid and pureed foods | 30 |
| With dietary restrictions to soft and semi-solid foods | 20 |
| Without dietary restrictions to mechanically altered foods | 10 |
| Lateral excursion range of motion: | |
| 0 to 4 mm | 10 |
| Note (1): Ratings for limited interincisal movement shall not be combined with ratings for limited lateral excursion | |
| Note (2): For VA compensation purposes, the normal maximum unassisted range of vertical jaw opening is from 35 to 50 mm | |
| Note (3): For VA compensation purposes, mechanically altered foods are defined as altered by blending, chopping, grinding or mashing so that they are easy to chew and swallow. There are four levels of mechanically altered foods: full liquid, puree, soft, and semisolid foods. To warrant elevation based on mechanically altered foods, the use of texture-modified diets must be recorded or verified by a physician | |
| 9908 Condyloid process, loss of, one or both sides | 30 |
| 9909 Coronoid process, loss of: | |
| Bilateral | 20 |
| Unilateral | 10 |
| 9911 Hard palate, loss of: | |
| Loss of half or more, not replaceable by prosthesis | 30 |
| Loss of less than half, not replaceable by prosthesis | 20 |
| Loss of half or more, replaceable by prosthesis | 10 |
| Loss of less than half, replaceable by prosthesis | 0 |
| 9913 Teeth, loss of, due to loss of substance of body of maxilla or mandible without loss of continuity: | |
| Where the lost masticatory surface cannot be restored by suitable prosthesis: | |
| Loss of all teeth | 40 |
| Loss of all upper teeth | 30 |
| Loss of all lower teeth | 30 |
| All upper and lower posterior teeth missing | 20 |
| All upper and lower anterior teeth missing | 20 |
| All upper anterior teeth missing | 10 |
| All lower anterior teeth missing | 10 |
| All upper and lower teeth on one side missing | 10 |
| Where the loss of masticatory surface can be restored by suitable prosthesis | 0 |
| Note—These ratings apply only to bone loss through trauma or disease such as osteomyelitis, and not to the loss of the alveolar process as a result of periodontal disease, since such loss is not considered disabling | |
| 9914 Maxilla, loss of more than half: | |
| Not replaceable by prosthesis | 100 |
| Replaceable by prosthesis | 50 |
| 9915 Maxilla, loss of half or less: | |
| Loss of 25 to 50 percent: | |
| Not replaceable by prosthesis | 40 |
| Replaceable by prosthesis | 30 |
| Loss of less than 25 percent: | |
| Not replaceable by prosthesis | 20 |
| Replaceable by prosthesis | 0 |
| 9916 Maxilla, malunion or nonunion of: | |
| Nonunion, | |
| With false motion | 30 |
| Without false motion | 10 |
| Malunion, | |
| With displacement, causing severe anterior or posterior open bite | 30 |
| With displacement, causing moderate anterior or posterior open bite | 10 |
| With displacement, causing mild anterior or posterior open bite | 0 |
| Note: For VA compensation purposes, the severity of maxillary nonunion is dependent upon the degree of abnormal mobility of maxilla fragments following treatment ( | |
| 9917 Neoplasm, hard and soft tissue, benign: | |
| Rate as loss of supporting structures (bone or teeth) and/or functional impairment due to scarring. | |
| 9918 Neoplasm, hard and soft tissue, malignant | 100 |
| Note: A rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals such as loss of supporting structures (bone or teeth) and/or functional impairment due to scarring |
Notes of Decisions
Cited in 44
cases (5 in the last 5 years), 1993–2023 · leading case: Mary Vilfranc v. Robert A. McDonald, 28 Vet. App. 357 (Vet. App. 2017).
Mary Vilfranc v. Robert A. McDonald, 28 Vet. App. 357 (Vet. App. 2017). “Because we find the Secretary's regulation ambiguous and his interpretation is not plainly erroneous or inconsistent with the language of the regulation, we defer to that interpretation.”
Regis J. Byrd v. R. James Nicholson, 19 Vet. App. 388 (Vet. App. 2005). “He argues that the schedule of ratings under 38 C.F.R. § 4.150 sets forth the conditions that are considered “disabling” and that periodontal disease is not included but, instead, is excluded with an explanation that it is not considered to be a disabling condition.”
Gary D. Bradley v. James B. Peake, 22 Vet. App. 280 (Vet. App. 2008). “Additionally, the rating schedule provides ratings for a pain disorder under a mental disorders section, see 38 C.F.R. § 4.150 , DC 9422 (2008), and a January 2003 compensation and pension examination included a mental evaluation as well as a physical evaluation of Mr.”
Floyd v. Brown, 9 Vet. App. 88 (Vet. App. 1996). “Under the former DC, malunion of the mandible warrants a 10% rating for moderate displacement, and a 20% rating for severe displacement; in addition, this DC provides that the rating is dependent on the “degree of motion and loss of mastica-tory function.”
Breland v. McDonough, 22 F.4th 1347 (Fed. Cir. 2022). “If the VA were to interpret these identical or nearly identical notes contrary to the majority’s interpretation of the note to DC 7343, that would be the definition of an ar- bitrary interpretation which the VA is not permitted to make.”
Simington v. West, 11 Vet. App. 41 (Vet. App. 1998). “149 , but the loss of teeth as described in the latter provision is rated, in accordance with the diagnostic code, when their loss is service connected, and may be rated anywhere from 0% to 100% disabling, 38 C.”
Mays v. Brown, 5 Vet. App. 302 (Vet. App. 1993). “Furthermore, because the veteran’s claim for service-connected disability compensation for a dental condition raised a claim to which the provisions of section 17.”
James Woodson, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 87 F.3d 1304 (Fed. Cir. 1996). “at 354 ; see 38 C.F.R. § 4.150 , Code 9913; see also 38 C.”
Woodson v. Brown, 8 Vet. App. 352 (Vet. App. 1995). “” 38 C.F.R. § 4.150 , Diagnostic Code (DC) 9913 (1994); see also 38 C.”
Grovhoug v. Brown, 7 Vet. App. 209 (Vet. App. 1994). “In January 1989, the RO issued a rating decision implementing the BVA’s grant of service connection for periodontal disease, assigning a noncompensable (0%) rating under 38 C.F.R. § 4.150 , Diagnostic Code 9999-9913 (1988).”
Roby v. McDonough (Fed. Cir. 2021). “The Veterans Court also pointed out that, in a different diagnostic code concerning temporomandibular disorders ( 38 C.F.R. § 4.150 , DC 9905), the VA had defined “full liq- uids” consistently with how it defined “liquids” under DC 7203.”
06-12 124 (Board of Vet. App. 2016). “Under current VA regulations, compensation is only available for certain types of dental and oral conditions listed under 38 C.F.R. § 4.150 . These conditions include various problems of the maxilla, mandible, or temporomandibular articulation, loss of whole or part of the…”
12-01 358 (Board of Vet. App. 2016). “See 38 C.F.R. § 4.150 (2015). Compensation is available for loss of teeth if such is due to loss of substance of body of maxilla or mandible, but only if such bone loss is due to trauma or osteomyelitis, and not to the loss of the alveolar process as a result of periodontal…”
06-04 506 (Board of Vet. App. 2018). “From April 25, 2004 to May 21, 2004, the Veteran's service-connected residuals of a left mandibular fracture are currently evaluated as 0 percent disabling pursuant to 38 C.F.R. § 4.150 , Diagnostic Code 9904 (2017).”
11-00 946 (Board of Vet. App. 2018). “1155 (2012); 38 C.F.R. § 4.150 , Diagnostic Code 9411 (2017).”
Harold L. Roby, Jr. v. Robert L. Wilkie (Vet. App. 2019). “, 38 C.F.R. § 4.150 , DC 9905, Note (3) (2018) (criteria for evaluating temporomandibular disorder disabilities); 76 Fed.”
190125-9204 (Board of Vet. App. 2019). “The exceptions to this general rule are listed under 38 C.F.R. § 4.150 , Diagnostic Codes 9900 through 9916.”
200320-72627 (Board of Vet. App. 2020). “Entitlement to compensation for tooth extraction With regard to dental and oral conditions, VA compensation is only available for certain conditions listed under 38 C.F.R. § 4.150 , including conditions of the mandible, maxilla, ramus, condyloid process, coronoid process, hard…”
Regis J. Byrd v. R. James Nicholson (Vet. App. 2006). “He argues that the schedule of ratings under 38 C.F.R. § 4.150 sets forth the conditions that are considered "disabling" and that periodontal disease is not included but, instead, is excluded with an explanation that it is not considered to be a disabling condition.”
Bryan v. McDonald, 27 Vet. App. 681 (Fed. Cir. 2015). “Bryan seeks a service connection for loss of maxilla under 38 C.F.R. § 4.150 , Diagnostic Code (DC) 9914, dating back to 1978.”
11-05 585 (Board of Vet. App. 2017). “Dental disabilities that may be awarded compensable disability ratings are set forth under 38 C.F.R. § 4.150 . These disabilities include chronic osteomyelitis or osteoradionecrosis of the maxilla or mandible, loss of the mandible, nonunion or malunion of the mandible, loss of…”
13-28 468 (Board of Vet. App. 2018). “Specifically, dental disabilities that may be awarded compensable disability ratings are set forth under 38 C.F.R. § 4.150 (2017). These disabilities include chronic osteomyelitis or osteoradionecrosis of the maxilla or mandible, loss of the mandible, nonunion or malunion of the…”
11-22 176 (Board of Vet. App. 2018). “Specifically, dental disabilities that may be awarded compensable disability ratings are set forth under 38 C.F.R. § 4.150 . These disabilities include chronic osteomyelitis or osteoradionecrosis of the maxilla or mandible, loss of the mandible, nonunion or malunion of the…”
13-00 506 (Board of Vet. App. 2018). “See 38 C.F.R. § 4.150 . They include chronic osteomyelitis or osteoradionecrosis of the maxilla or mandible, loss of the mandible, nonunion or malunion of the mandible, limited temporomandibular motion, loss of the ramus, loss of the condyloid or coronoid processes, loss of the…”
190306-5486 (Board of Vet. App. 2019). “For compensation purposes, service connection for a dental disability can be established only for the specific types of dental and oral conditions listed under 38 C.F.R. § 4.150 , such as impairment of the mandible, loss of a portion of the ramus, and loss of a portion of the…”
181004-864 (Board of Vet. App. 2019). “38 C.F.R. § 4.150 , Diagnostic Codes 9900-9916.”
190928-34472 (Board of Vet. App. 2019). “38 C.F.R. § 4.150 . Compensation is available for loss of teeth only if such is due to loss of substance of body of maxilla or mandible.”
191209-48488 (Board of Vet. App. 2020). “The Veteran’s service-connected TMJ dysfunction post-operative maxillofacial surgery has been rated pursuant to the criteria of Diagnostic Code 9905, as set forth in 38 C.F.R. § 4.150 . Under this diagnostic code, an interincisal range of 0 to 10 mm of maximum unassisted…”
10-06 710 (Board of Vet. App. 2012). “38 C.F.R. § 4.150 , Diagnostic Code 9903.”
09-42 235 (Board of Vet. App. 2014). “In addition, under current VA regulations, compensation is only available for certain types of dental and oral conditions listed under 38 C.F.R. § 4.150 , such as impairment of the mandible, loss of a portion of the ramus, and loss of a portion of the maxilla.”
09-06 536 (Board of Vet. App. 2014). “§ 1155 , 5107 (West 2002); 38 C.F.R. § 4.150 , Diagnostic Codes 9904, 9905 (2014).”
08-12 895 (Board of Vet. App. 2015). “§§ 1110 , 5107 (West 2014); 38 C.F.R. § 4.150 , Diagnostic Codes 9900-9916 (2014).”
13-12 479 (Board of Vet. App. 2015). “Missing teeth may be compensable for rating purposes under 38 C.F.R. § 4.150 , Diagnostic Code 9913 ("loss of teeth, due to loss of substance of body of maxilla or mandible without loss of continuity").”
180805-164 (Board of Vet. App. 2019). “See 38 C.F.R. § 4.150 . Treatable carious teeth, replaceable missing teeth, dental or alveolar abscesses, and periodontal disease are not disabilities for compensation purposes, but may be considered service-connected solely for the purpose of establishing eligibility for…”
Luis A. Martinez-Bodon v. Robert L. Wilkie (Vet. App. 2020). “65 The Court found that his challenge actually involved VA's rating schedule, specifically "the content of 38 C.F.R. § 4.150 , which does not list periodontal disease as a disability" and contains a note that periodontal disease is not considered disabling.”
191223-51561 (Board of Vet. App. 2020). “The dental conditions for which service-connected compensation benefits are available are set forth under 38 C.F.R. § 4.150 , Diagnostic Codes (DCs) 9900-9916.”
190916-31047 (Board of Vet. App. 2020). “Generally, disorders of the mouth and teeth are rated under 38 C.F.R. § 4.150 , DCs 9900 through 9918.”
Jones v. United States (Fed. Cir. 2022). “See 38 C.F.R. § 4.150 (1988). Case: 20-2298 Document: 50 Page: 19 Filed: 03/31/2022 JONES v.”
Jones v. United States (Fed. Cir. 2022). “See 38 C.F.R. § 4.150 (1988). Case: 20-2298 Document: 50 Page: 19 Filed: 03/31/2022 JONES v.”
Gilbert R. Duran v. Denis McDonough (Vet. App. 2023). “357, 363 (2017) (holding that 38 C.F.R. § 4.150 , DC 9905, is ambiguous because the regulation does not answer whether separate ratings should be assigned for dysfunction in both temporomandibular joints); Urban v.”
00-01 324 (Board of Vet. App. 2014).
08-24 297 (Board of Vet. App. 2012).
04-37 821 (Board of Vet. App. 2011).
06-11 084 (Board of Vet. App. 2010).
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