The Board found that the presumption of regularity has been rebutted and there is no clear evidence of receipt of the April 2015 SOC until January 2018. The February 2018 substantive appeal was therefore deemed timely.
The deciding factor: The Board found significant probative weight to the affidavits submitted by the Veteran's attorney and the lead paralegal, which indicated that the April 2015 SOC was not properly received until January 2018.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 13, 2023
- Citation
- 23038988
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. Read the original VA decision (opens in a new tab) using citation 23038988.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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