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Partly grantedPACT Act

The Veteran's claim for a compensable rating for a dental disability is dismissed as the service-connected condition was severed in a November 2021 rating decision.,The Veteran's claim of entitlement to service connection for OSA has been granted. The matter is dismissed as there is no further jurisdiction over this claim.,Service connection for dizziness or vertigo is granted, with the Board finding that it is secondary to his service-connected sinus disability and resolving all doubt in favor of the Veteran.,The claims for fatigue and throat disabilities are remanded due to a failure to obtain TERA examinations as required by the PACT Act.,Service connection for DM and HTN are remanded due to a failure to provide an adequate opinion on whether these conditions are secondary to service-connected psychiatric and/or frontal bone mass disabilities.,The claim for memory disability is remanded due to a failure to provide an adequate opinion on whether this condition is aggravated by service-connected psychiatric and/or frontal bone mass disabilities.

The deciding factor: The Veteran's dental disability was severed in a November 2021 rating decision, making the claim moot.,The RO granted service connection for OSA in June 2021, which is considered a full grant of the benefit sought on appeal and thus not further jurisdictional to adjudicate.,Service connection for dizziness or vertigo was granted as secondary to his service-connected sinus disability, with all doubt resolved in favor of the Veteran.,The claims for fatigue and throat disabilities require TERA examinations due to the PACT Act's requirements for toxic exposure cases.,Service connection for DM and HTN requires an opinion on whether these conditions are secondary to service-connected psychiatric and/or frontal bone mass disabilities.,The claim for memory disability requires an opinion on whether this condition is aggravated by service-connected psychiatric and/or frontal bone mass disabilities.

Claimed conditions
dizziness, fatigue, throat disability, memory disability, diabetes mellitus, type II (DM), hypertension (HTN)
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
April 18, 2024
Citation
A24019674

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 A24019674.

What this means for you

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