The Veteran's attorney was granted fees for past-due benefits awarded in January 2019, but the amount is disputed. The March 2018 rating decision granting a higher PTSD rating also resulted in additional past-due benefits which were not properly accounted for.,There was an overpayment of attorney fees due to CRDP withholding and the Veteran's spouse being added as a dependent. The appellant disputes the calculation and requests clarification on the basis of the March 2018 rating decision.
The deciding factor: The April 2, 2019 letter did not provide clear notice about the attorney fees granted based on past-due benefits awarded in the March 2018 rating decision.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- A20015819
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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