The Board granted the Veteran's appeal regarding the timeliness of his VA Form 9, allowing the underlying claims for service connection for right shoulder, right knee, and bipolar disorder to proceed.
The deciding factor: The Board found that there was persuasive evidence via affidavit demonstrating that the attorney did not receive the copy of the SOC, and in affording the Veteran the benefit of the doubt, deemed his VA Form 9 timely.
- Claimed conditions
- right shoulder, right knee, bipolar disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002851
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.
- Dismissed
The appeal concerning the service connection for various conditions and the propriety of a rating reduction has been withdrawn by the Appellant.
- Partly granted
The Board granted an effective date of December 12, 2023, for a 50 percent evaluation of bipolar disorder and remanded the other issues for further development.
- Granted
The Board granted service connection for an acquired mental health condition, to include major depressive disorder and bipolar disorder, based on new evidence.
- Partly granted
The Board denied service connection for bipolar disorder and denied increased ratings for the lumbar disability, left and right sciatica, and chronic sinusitis. However, it granted an increased rating of 40 percent from March 7, 2022, for left and right sciatic radiculopathy and restored a 30 percent rating for chronic sinusitis.
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