The Board has determined that the appellant's substantive appeal was timely filed in response to the July 2010 Statement of the Case denying her claim for service connection for cause of death. The issue is now remanded to adjudicate accrued benefits and the cause of death.
The deciding factor: The Court found that there was a mailing error, which rebuts the presumption of regularity in VA's mailing process, leading to the appellant actually receiving the July 2010 SOC on September 2, 2010. The Board granted the appeal as to timeliness.
- Claimed conditions
- cause of death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2018
- Citation
- 1800353
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 1800353.
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.
- Dismissed
The Board dismissed the appeal because the Appellant did not specify which specific decision or issue she disagreed with, specifically regarding her claim for service connection related to Camp Lejeune exposure.
- Dismissed
The Board has already granted service connection for the cause of death in a previous decision, and no new issues are pending. The current appeal is dismissed.
- Dismissed
The appeal for service connection for the Veteran's cause of death is dismissed due to concurrent election.
- Granted
The Board has granted an earlier effective date of July 1, 2014 for dependency and indemnity compensation (DIC) based on the appellant's claim received within one year following the Veteran's death.
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