The Board has granted the Veteran's appeal as his timely filed VA Form 9 was received, and the presumption of regularity in mailing the Statement of the Case (SOC) to his attorney has been rebutted.
The deciding factor: The Board found that the presumption of regularity in mailing the SOC to the Veteran's attorney had been rebutted due to evidence showing the attorney did not receive a copy until September 2017, and thus the 60-day window for filing a VA Form 9 began from that date.
- Claimed conditions
- thoracolumbar degenerative changes, chronic regional pain syndrome, an acquired psychiatric disorder, right ankle disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2022
- Citation
- 22003134
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 22003134.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for lower back, right hip, and right ankle disorders as secondary to his left knee disorder. The AOJ must obtain VA examinations and provide answers to questions regarding the etiology of these conditions.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
- Remanded (sent back)
The Board has remanded the claims for service connection for sleep apnea and an acquired psychiatric disorder due to a failure to obtain relevant private medical records.
- Dismissed
The Veteran withdrew his appeal before the Board could make a decision on his service connection claims.
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