The Veteran's claim of entitlement to disability compensation pursuant to 38 U.S.C.A. § 1151 for xerostomia has been rendered moot due to the grant of service connection, and thus is dismissed. The TMJ disability is found to be secondary to his service-connected tinnitus. The thoracolumbar spine disability with sciatica does not meet the criteria for service connection.
The deciding factor: The Veteran's xerostomia claim has been rendered moot due to the grant of service connection, and thus no longer requires adjudication under 38 U.S.C.A. § 1151. The TMJ disability is found secondary to his service-connected tinnitus. The thoracolumbar spine disability with sciatica does not meet the criteria for service connection as it did not have its onset in service or within one year of discharge and there is no evidence linking it to service.
- Claimed conditions
- xerostomia, temporomandibular joint disability, thoracolumbar spine disability with sciatica, dumping syndrome
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2016
- Citation
- 1619836
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1619836.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has determined that the Veteran does not have a current diagnosis for any of the claimed conditions and thus, service connection is denied.
- Granted
The Veteran's xerostomia is not rated compensably, as it does not meet the criteria for a higher rating.,The Veteran's tinnitus remains at its current 10% rating, as no higher rating is available under Diagnostic Code 6260.,Service connection is granted for an acquired psychiatric disability, variously diagnosed as PTSD, claustrophobia, generalized anxiety disorder, and unspecified anxiety disorder.
- Partly granted
The Board granted service connection for neck scar, xerostomia, and heart arrhythmia as secondary to thyroid cancer but remanded the issue of an initial compensable evaluation for thyroid cancer.
- Remanded (sent back)
The Board remands the matter for further development, including obtaining private treatment records and a clarifying addendum medical opinion on the current severity of the Veteran's post-operative hiatal hernia to include gastroparesis and dumping syndrome with post-prandial hypoglycemia.
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