The appeal seeking attorney fees based on past-due benefits awarded in a July 2019 rating decision is dismissed because the RO has already granted entitlement to attorney fees from those benefits.
The deciding factor: The Board determined that there was no issue of fact or law left for review as the RO had already granted the requested attorney fees and H.S. did not contest the January 2020 decision.
- Claimed conditions
- right upper extremity diabetic neuropathy, left upper extremity diabetic neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2020
- Citation
- A20015171
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of July 23, 2019, for the award of service connection for diabetic neuropathy in all extremities.
- Denied
The Board denied earlier effective dates for the grants of service connection and special monthly compensation, as these claims were granted under the PACT Act on August 10, 2022.
- Remanded (sent back)
The Board remands the claims for initial compensable ratings due to a pre-decisional duty to assist error, specifically regarding notice of the right to a hearing under 38 C.F.R. § 3.103(d)(1).
- Denied
The Board denied earlier effective dates for the grant of service connection for tinnitus, erectile dysfunction, and diabetic neuropathy affecting both upper extremities.
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