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DismissedPACT Act

The Board dismissed the claim for service connection for benign paroxysmal positional vertigo (BPPV) as secondary to service-connected tinnitus and/or traumatic brain injury due to a prior November 2019 rating decision that granted this issue. The other claims of service connection were remanded.

The deciding factor: The Board lacks jurisdiction over the BPPV claim because it has been rendered moot by virtue of the AOJ's award of service connection in the previous November 2019 rating decision.

Claimed conditions
benign paroxysmal positional vertigo (BPPV), fungus ball-aspergilloma (claimed as lung condition), rheumatoid arthritis, gouty arthritis
How they argued it
Secondary to another service-connected condition
Exposure basis
None
Rating assigned
None in this decision
Decision date
August 22, 2023
Citation
23046589

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 23046589.

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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.

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