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
- Not verified here — check the original decision
- Decision date
- December 8, 2025
- Citation
- A25105270
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation A25105270.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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