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Aid for orthodontics for adults: VGH ruling

VGH Baden-Württemberg judgment of 2.5.2012, 2 S 2904/10 Aid for orthodontic treatment of adults

Guidelines
1. On the basis of a constitutional interpretation based on the meaning and purpose of the regulation, the granting of an allowance for expenses for orthodontic treatment of adults may also be necessary beyond the exceptions regulated in No. 1.2.3 lit. b of the Annex to the BVO if special circumstances of the individual case exist.

2. such special circumstances may exist if the treatment is exclusively medically indicated and aesthetic reasons can be excluded, no alternative treatment is available, there are significant consequential problems (e.g. craniomandibular dysfunction) and there is a so-called secondary anomaly that was only acquired in adulthood.

Judgment of 2.5.2012, 2 S 2904/10

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