The Board finds that the Veteran's June 2017 VA Form 9 substantive appeal was timely filed, and as a result, the underlying claims under the legacy system must be reinstated. The Veteran's service connection claims for various conditions are granted.
The deciding factor: The Board found that extraordinary circumstances prevented the Veteran from filing a timely substantive appeal within 60 days of the SOC, thus applying equitable tolling to find his June 2017 VA Form 9 was timely filed.
- Claimed conditions
- posttraumatic stress disorder, gait problems, hearing loss disability, hepatitis C, headaches, bilateral hip disability, neck condition, teeth grinding secondary to anxiety, TMJ, bilateral lower extremity peripheral neuropathy, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2024
- Citation
- A24035017
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 A24035017.
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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Remanded (sent back)
The Board has expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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