The Veteran's appeal was granted due to the VA not sending the SOC to the correct representative, which effectively deprived him of representation. The 60-day timeliness requirement for filing a substantive appeal is waived.
The deciding factor: The VA did not send the SOC to the Veteran's attorney, who represents the Veteran and would have been able to file a timely appeal on his behalf.
- Claimed conditions
- right knee disorder, left knee disorder, right sciatic nerve pain, left sciatic nerve pain, migraines, sleep condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2024
- Citation
- A24045374
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 A24045374.
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.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- 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.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
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