The Veteran's claim for compensation under 38 U.S.C. § 1151 for shaking, stuttering, and loss of balance associated with heart surgery at VA facility is dismissed as moot because the benefit sought has been granted.
The deciding factor: The Veteran was previously granted entitlement to compensation under 38 U.S.C. § 1151 in a February 2021 rating decision.
- Claimed conditions
- shaking, stuttering, loss of balance
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2022
- Citation
- 22005360
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 22005360.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's COPD is granted as service connected. The claims for bilateral hearing loss and loss of balance are remanded.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, as there is insufficient evidence to determine if the Veteran's inner ear symptoms are related to service or any other condition.
- Dismissed
The Veteran's appeal concerning service connection for benign paroxysmal positional vertigo, loss of balance, and left ear trauma has been dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remands the claims for service connection for compressed vertebrae with residuals, bilateral hearing loss, and loss of balance to correct pre-decisional duty to assist errors.
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