The appeal as to whether a timely Notice of Disagreement (NOD) was received in response to the September 2014 rating decision for service connection for PTSD with depression is granted.
The deciding factor: The presumption of regularity has been rebutted, and VA failed to follow its regular mailing practices or use other plausible addresses available at the time.
- Claimed conditions
- PTSD with depression
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2024
- Citation
- 24002909
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 entitlement to earlier effective dates for a TDIU and DEA benefits, as the evidence did not show that the Veteran was unable to secure or follow a substantially gainful occupation prior to May 28, 2010.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as there was insufficient evidence to establish that his service-connected conditions rendered him unable to secure and follow a substantially gainful occupation.
- Remanded (sent back)
The Board remands the case to schedule a VA examination for the Veteran's PTSD with depression as there is uncertainty regarding whether she received proper notice of an exam and/or if it was rescheduled after she indicated unavailability.
- Denied
The Board denied the Veteran's claims for an earlier effective date than June 8, 2009, for service connection for PTSD with depression, both on the basis of clear and unmistakable error (CUE) and other grounds.
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