The June 11, 2021, VA Form 9 was timely filed and the appeal is granted.
The deciding factor: The presumption of regularity regarding the mailing of the August 2019 SOC to the representative was rebutted due to incorrect addresses used by the Veteran's attorney, and the deadline for filing a substantive appeal was equitably tolled.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2025
- Citation
- A25037421
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.