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DismissedPACT Act

The appeal for higher initial ratings for PTSD and IBS is dismissed.,The appeals for service connection for anxiety, bilateral lung scarring, bilateral hearing loss, a disability manifested by memory loss, a nerve disability of the right upper extremity, and a nerve disability of the left upper extremity are dismissed.,Service connection for TBI is granted. Service connection for migraines is also granted as secondary to TBI.,Service connection for a left shoulder disability is granted.

The deciding factor: The Veteran withdrew her appeals regarding these issues at the July 2022 Board hearing, and there are no allegations of errors of fact or law remaining for appellate consideration.,There were no service-connected conditions that could be secondary to TBI. The Veteran's migraines are found to be secondary to her TBI.,The Veteran testified about multiple IED blasts in service causing injuries to her left shoulder, and a VA examiner opined the current diagnosis of left shoulder strain was at least as likely as not incurred in or caused by her service.,A VA medical opinion is needed to determine if the Veteran's vestibular dizziness (diagnosed as vertigo) is caused or aggravated by her service-connected TBI.

Claimed conditions
Posttraumatic Stress Disorder (PTSD), Irritable Bowel Syndrome (IBS), Traumatic Brain Injury (TBI), Migraines, Left Shoulder Disability
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
March 8, 2024
Citation
24011242

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 24011242.

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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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

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