The Board has determined that a timely Substantive Appeal was received by VA on the underlying May 2001 rating decision's denial of service connection for a right ear defective hearing disability with tinnitus, claimed as residuals of right ear otitis media with mastoiditis. The issue will be addressed on a de novo basis.
The deciding factor: The Board found that appellant timely filed a Substantive Appeal within 60 days of the January 2002 Statement of the Case's issuance despite it being delivered to his address approximately five months after its mailing, based on evidence suggesting he did not receive the Statement of the Case until July 2002.
- Claimed conditions
- Right ear defective hearing disability with tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 21, 2005
- Citation
- 0519825
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 0519825.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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