The appeal for an earlier effective date for a rating of 10% for vertigo disorder is dismissed due to the appellant's death.
The deciding factor: The appellant died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of the case.
- Claimed conditions
- vertigo disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2021
- Citation
- 21064448
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 21064448.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's appeal for an increased disability rating for persistent depressive disorder has been withdrawn.,Service connection is granted for conjunctivitis and headache disorder, both of which are directly related to service.
- Granted
Service connection for benign prostatic hyperplasia (BPH) is granted as secondary to the service-connected diabetes mellitus, type II. Other conditions are denied.
- Granted
The Veteran's claim for service connection for hypertension has been granted. The Board found that the current diagnosis of hypertension, combined with exposure to herbicide agents and a causal relationship established by the National Academy of Sciences (NAS) report, meets the criteria for service connection.,Service connection for vertigo disorder was denied as it is not proximately due or aggravated by a service-connected disease or injury. The VA examiner's opinion concluded that the Veteran's vertigo is more likely related to benign paroxysmal positional vertigo rather than his migraines.
- Denied
The Board has denied the Veteran's claims for service connection for left ear hearing loss and vertigo disorder, finding that there is no evidence of a pre-existing condition or any increase in severity during active service.
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