The Veteran's appeal of the September 14, 2017 rating decision is granted as his December 2018 VA Form 9 was timely filed. The Board found that the July 2018 SOC was not properly provided to the Veteran and his attorney, leading to a delay in the response period for the appeal.
The deciding factor: The presumption of regularity was rebutted due to the failure to provide the Veteran and his attorney with copies of the July 2018 SOC, which led to a delay in the response period for the appeal.
- Claimed conditions
- MALT, cancer, ED, melanoma, neurological disorder, right upper extremity, neurological disorder, left upper extremity, neurological disorder, right lower extremity, neurological disorder, left lower extremity, PTSD, skin disorder, vision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2021
- Citation
- A21020572
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 A21020572.
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.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Denied
The Board denied the Veteran's claims of service connection for low back disorder, skin disorder, tongue condition, right chest costochondritis, and right hand shaking due to lack of evidence linking these conditions to his military service.
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