The Veteran's appeal is granted as his VA Form 9 was timely filed, and the claim for service connection for congestive heart failure, diabetes, neuropathy, prostate cancer, and bladder cancer is decided on the merits.
The deciding factor: The Veteran provided credible testimony and supporting evidence that he did not receive the July 2015 Statement of the Case due to mail problems at his living community. The Board found this clear evidence to rebut the presumption of regularity in VA's mailing process.
- Claimed conditions
- congestive heart failure, diabetes, neuropathy, bladder cancer, prostate cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149716
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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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