The Board determined that the veteran's attorney was eligible for payment of an attorney fee from past-due benefits resulting from the August 1998 RO award. However, due to inadvertent release of the withheld amount by the RO, all past-due benefits had been paid to the veteran. The RO must now pay the attorney a sum calculated as equal to 20% of the past-due benefits resulting from the August 1998 award.
The deciding factor: The decision is based on the recent case of Snyder v. Principi, which held that the Secretary has no legal authority to pay attorney fees when payment of the complete amount of past-due benefits has been made to the veteran.
- Claimed conditions
- colitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2002
- Citation
- 0206103
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 0206103.
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.
- Denied
The Board denied compensation under the provisions of 38 U.S.C. § 1151 for ulcers, H. pylori, and colitis as a result of over-prescription of Ibuprofen by VA.
- Partly granted
The Board granted service connection for colitis and left shoulder disability, while denying service connection for sleep apnea and right shoulder disability.
- Dismissed
The Veteran has withdrawn the appeal for service connection for multiple conditions, and the Board does not have jurisdiction to review the appeal.
- Remanded (sent back)
The Board remands the claim for an initial disability rating in excess of 60 percent for service-connected helicobacter pylori and gastritis (nausea) as well as issues related to noninfective gastroenteritis, colitis, gastroesophageal reflux disease, and a diaphragmatic hernia.
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