The December 20, 2018 substantive appeal is granted as it was timely filed due to the AOJ's error in mailing the SOC to the wrong address.
The deciding factor: Equitable tolling of the deadline for filing the Substantive Appeal was justified due to the AOJ's error in mailing the SOC to the incorrect address, and the Veteran exercised due diligence in preserving her appellate rights.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2024
- Citation
- 24033383
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
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.