The veteran's service-connected post-traumatic stress disorder was initially rated at 30 percent in July 2002. The veteran submitted a claim for an increased rating, which resulted in a 100 percent rating effective October 7, 2002. The appellant did not represent the veteran during this process and is therefore not eligible for attorney fees from past-due benefits resulting from the May 2003 rating decision.
The deciding factor: The May 2003 rating action was a new claim for an increased rating, which does not constitute a 'past due benefit' for which attorney fees may be granted.
- Claimed conditions
- post-traumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- July 23, 2007
- Citation
- 0722414
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 0722414.
What this means for you
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What you can do next
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- Remanded (sent back)
The Veteran's claim for payment or reimbursement of non-VA medical services provided on September 2, 2020 was denied under 38 U.S.C. § 1725 and 38 U.S.C. § 1728 due to lack of evidence in the file. The Board finds that remand is warranted for correction of errors in notice.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is not supported by adequate reasoning and must be remanded to allow for a thorough review, including obtaining medical opinions on whether it is in the best interest of the Veteran to participate in the PCAFC program.
- Granted
The Veteran's claims for service connection and special monthly compensation based on housebound criteria were granted, effective September 22, 2009.
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