The Veteran's VA Form 9 was timely filed within 60 days of the attorney's actual receipt of the July 2015 Statements of the Case, and his appeal is reinstated. The underlying claims for both July 2015 SOCs are now considered.
The deciding factor: The Board found that the Veteran’s untimely VA Form 9 was timely filed due to a mailing defect and thus granted the reinstatement of the appeal.
- Claimed conditions
- coronary artery disease, congenital heart disease, lung fluid, left arm nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2019
- Citation
- 19189627
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 19189627.
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.
- Granted
The Board granted service connection for obstructive sleep apnea, diabetes mellitus, type II, left eye diabetic retinopathy, left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and coronary artery disease, as well as the Veteran's cause of death.
- Remanded (sent back)
The Board remands the claim for service connection for coronary artery disease to correct duty to assist errors, as there are no adequate medical opinions of record.
- Granted
The Veteran's service-connected coronary artery disease, vascular headaches, and cerebrovascular accident with left eye vision problem rendered him unable to secure and follow substantially gainful employment from April 1, 2015 to May 28, 2018.
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