Granted
The Board grants the appeal, finding that the April 25, 2018, VA Form 9 was timely filed due to equitable tolling based on the AOJ's failure to properly notify the Veteran's representative of the issuance of the August 2017 SOC.
The deciding factor: The Board found clear evidence of irregularity in the mailing process and that the presumption of regularity had been rebutted, thus granting the appeal due to equitable tolling.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2025
- Citation
- 25002201
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