The appeal regarding the timeliness of the substantive appeal was granted, and the issue of a compensable evaluation for postoperative excision nodular neoplasm fasciitis of the left neck is remanded.
The deciding factor: The Veteran's homelessness caused him to not receive the initial statement of the case, leading to a delay in filing the substantive appeal, which was waived due to evidence being at least in equipoise regarding whether he received it.
- Claimed conditions
- postoperative excision nodular neoplasm fasciitis of the left neck
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24001045
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 10 percent evaluation for postoperative excision nodular neoplasm fasciitis of the left neck prior to January 2, 2025, but denied an evaluation greater than 10 percent for painful left neck surgical scar since that date.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.