The Board has determined that the Veteran's timely filing of a VA Form 9, Appeal to the Board, in January 2021 was not properly considered due to an error by the AOJ in not mailing the March 2020 SOC to the Veteran's representative. As a result, the appeal is granted and the case will proceed with issuance of an SSOC.
The deciding factor: The Board found reasonable doubt regarding whether the Veteran received the March 2020 SOC due to errors by the AOJ in not mailing it to the Veteran's representative and sending it to the wrong address. As a result, the appeal was deemed timely based on when the Veteran and his representative discovered the missing document.
- Claimed conditions
- bilateral hearing loss, right upper extremity carpal tunnel syndrome, lumbar spine degenerative arthritis/lower back condition, depressive disorder (claimed as adjustment disorder with depression), nerve damage secondary to lower back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2024
- Citation
- A24027532
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 A24027532.
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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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