Granted
The Board granted the appeal as to the timeliness of the May 2017 NOD with respect to a May 2016 rating decision confirming and continuing the previous denial of service connection for fibromyalgia, waiving the claim processing rule violation.
The deciding factor: The AOJ's initial acceptance of the May 2017 NOD and then near 18-month delay in notifying the Veteran about the timeliness defect warrants a finding that the VA has waived its right to object to the timeliness of the May 2017 NOD.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2025
- Citation
- A25105270
Want to see how appeals like this one tend to go? Appeals like mine
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