The Board has determined that the Veteran timely filed a VA Form 9 within 60 days of receiving the SOC, despite some procedural issues with his representation.
The deciding factor: The RO sent the SOC to the Veteran's prior accredited representative (American Legion), who had revoked their power of attorney. The appropriate accredited representative was not notified in time and received the copy of the SOC later. However, since the VA Form 9 was submitted within 60 days of receiving the April 15, 2013 SOC, it is considered timely filed.
- Claimed conditions
- lumbar degenerative disc disease (DDD), degenerative joint disease (DJD), herniated nucleus pulposus L5/S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2016
- Citation
- 1634288
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 1634288.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection for tinnitus has been denied as there is no evidence of a nexus between the condition and his military service.,Service connection for a rating in excess of 10 percent for lumbar DDD has also been denied due to lack of evidence supporting an increase in disability level.
- Denied
The Board denied the Veteran's claim for service connection for right shoulder disability, finding that there was no evidence of a nexus between his current condition and active service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for initial ratings of her left shoulder strain and cervical spine disability due to new evidence or further clarification from the AOJ.
- Dismissed
The Veteran withdrew his appeals for the issues of effective dates and ratings related to lumbar spine strain, Dupuytren's contracture in the left hand with ankylosis, and Dupuytren's contracture in the right hand with osteoarthritis. The Board dismissed these appeals.
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