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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23038988.
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.
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