The Board denied the claim for payment of attorney fees from past-due benefits based on a September 2004 rating decision, as there was no final Board decision regarding entitlement to TDIU and the issue was not reasonably raised at the time of the February 2000 Board decision.
The deciding factor: The evidence did not show service-connected unemployability due to PTSD and the veteran did not meet the schedular criteria for TDIU, so a claim for entitlement to TDIU was not reasonably raised.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2008
- Citation
- 0816065
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.