The Board denied additional attorney fees based on past-due benefits awarded in the May 2019 rating decision, as the appellant has already received attorney fees for that amount.
The deciding factor: The appellant was previously awarded attorney fees based on the total award of past-due benefits granted to the Veteran prior to withholding for military retired pay. The Board found that additional attorney fees were not warranted due to the previous award.
- Claimed conditions
- sleep apnea, left knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 26, 2020
- Citation
- A20016001
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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