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DismissedPACT Act

The appeal for service connection for rupture of the tympanic membrane is dismissed. The claim for service connection for a heart disability, to include atherosclerotic cardiovascular disease, arteriosclerotic heart disease, implanted cardiac pacemaker, sick sinus syndrome, and paroxysmal atrial fibrillation, has been reopened and granted. The appeal for service connection for sinusitis and obstructive sleep apnea is remanded.

The deciding factor: The Board dismissed the appeal for rupture of the tympanic membrane as requested by the Veteran. The claim for heart disability was reopened due to new evidence received since the last denial, with exposure to herbicides during service presumed. The appeals for sinusitis and obstructive sleep apnea are remanded.

Claimed conditions
rupture of the tympanic membrane, heart disability (including atherosclerotic cardiovascular disease, arteriosclerotic heart disease, implanted cardiac pacemaker, sick sinus syndrome, and paroxysmal atrial fibrillation), sinusitis, obstructive sleep apnea
How they argued it
Presumptive (no nexus needed)
Exposure basis
Burn pits / airborne hazards
Rating assigned
None in this decision
Decision date
January 13, 2026
Citation
26000463

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 26000463.

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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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