The Board found that the attorney fees from past due benefits calculated in the amount of $2,395.00 based on the April 3, 2003, rating decision were correctly calculated.
The deciding factor: The statutory and regulatory scheme governing the award of attorney fees from past due benefits specifically provides that the date of the decision making the award or the date ordering the making of the award is the ending date for calculating the Veteran's award of past due benefits and ultimately the amount of attorney fees awarded to the attorney.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0906950
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.