The Board denied the veteran's request for attorney fees based on grants of service connection for anxiety as secondary to a right brachial plexus injury and entitlement to TDIU. The issues were not part of an underlying issue that was appealed.
The deciding factor: The issues of secondary service connection for anxiety disorder and entitlement to TDIU were not reasonably raised or underlying any issue before the Board or on appeal to the Court, thus the veteran's attorney is not entitled to supplemental attorney fees from past-due benefits with respect to those claims.
- Claimed conditions
- anxiety disorder, right brachial plexus injury
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 2, 2003
- Citation
- 0311235
Veterans Law Judge
Decisions by this judge: 1,325 · Granted: 31% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0311235.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's tinnitus was granted service connection. The Board found the VA audiological examination inadequate for adjudicative purposes and remanded for an adequate VA audiological examination to determine if the Veteran has bilateral hearing loss. Service connection for PTSD, anxiety disorder, and depression is also remanded as there are insufficient competent medical evidence on file.
- Granted
The Board has granted the Veteran's claim for service connection for an acquired psychiatric condition, specifically anxiety disorder and major depressive disorder, which is found to be due to military sexual trauma experienced during service. The decision also notes that the Veteran's reports of in-service personal assault are credible and supported by medical opinions.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for tinnitus, anxiety disorder, back disability, left shoulder disability, right shoulder disability, and right knee disability. The claim for service connection for residuals of a concussion is remanded.
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