The Veteran's former attorney, J.W., is entitled to attorney fees based on a grant of past due benefits in the April 2017 rating decision. However, the Veteran has not received proper notice of this appeal and must be provided with copies of the September 2017 SOC and the content of his substantive appeal.
The deciding factor: The Veteran's former attorney J.W. is entitled to attorney fees based on a grant in an April 2017 rating decision, but the Veteran has not received proper notice of this appeal and must be provided with copies of the September 2017 SOC and the content of his substantive appeal.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106141
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.