The Veteran's claim for a higher disability rating and TDIU was granted, but the attorney is not eligible for payment of fees as it pertains to issues that were not decided by an appellate decision.
The deciding factor: The Board incorrectly applied the law in In re Mason, holding that both the increased evaluation and TDIU rating must be the result of an appellate decision.
- Claimed conditions
- osteoarthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 15, 2009
- Citation
- 0939122
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 0939122.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew all pending claims and appeals, resulting in the dismissal of these matters.
- Remanded (sent back)
The Board remanded the appeal to review all evidence and issue a new statement of the case.
- Granted
The Veteran's service-connected disabilities require the need for regular aid and attendance, which has been granted special monthly compensation based on aid and attendance.
- Remanded (sent back)
The Veteran's appeal for a higher rating for his cervical spine disability, right shoulder disability, and migraine headaches has been dismissed.,The Veteran's service-connected lumbar spine disability is rated at no more than 20 percent from June 1, 2014 to November 24, 2020.
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