The Board found that VA waived any objection to the timeliness of the filing of the Veteran's substantive appeal, and thus granted the appeal for all issues listed in the August 2016 rating decision.
The deciding factor: VA implicitly waived objections to the timeliness of the Veteran's substantive appeal by treating it as ongoing and seeking clarification on which issues he wanted to appeal.
- Claimed conditions
- bilateral pes planus, bilateral carpal tunnel syndrome with neuropathy, neck disability, cognitive impairment, GERD, bilateral hammer toes, bilateral hip disability, migraine headaches, bilateral shoulder disability, TBI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2023
- Citation
- 23007191
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 23007191.
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.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
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