The Board finds the Veteran's August 2010 VA Form 9 substantive appeal was timely filed, as she did not receive the November 2009 statement of the case until July 2010.
The deciding factor: The Veteran submitted a timely notice of disagreement and requested a representative in February 2009. The RO sent subsequent correspondence to her Maryland address. She informed the RO that she had moved back to Maryland by January 2010, but did not provide an exact date. A copy of the November 2009 statement of the case was mailed to her Georgia address in July 2010 and a second copy was sent in August 2010. The Veteran testified that she did not receive the November 2009 SOC until July 2010, which influenced the Board's decision on timeliness.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2014
- Citation
- 1429424
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 1429424.
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.
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