The Board denied additional attorney fees based on past-due benefits granted in an August 2019 rating decision, as the appellant has already received the attorney fees based on the past-due benefits awarded to the Veteran.
The deciding factor: The withholding of compensation benefits prior to the September 2019 Audit Error Worksheet was proper to avoid duplicate payments.
- Claimed conditions
- left shoulder acromioclavicular joint osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 27, 2020
- Citation
- A20016090
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.
- Granted
The Board granted service connection for multiple musculoskeletal conditions and a psychiatric condition, all of which were determined to be caused by an in-service injury.
- Granted
The Board granted service connection for multiple joint conditions, including left and right shoulder acromioclavicular joint osteoarthritis, elbow osteoarthritis, ankle strain, hip strain, and wrist strain.
- Granted
The Board granted service connection for left shoulder acromioclavicular joint osteoarthritis, finding that the disability was aggravated during service.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hearing loss, diabetes mellitus, type II, right shoulder acromioclavicular joint osteoarthritis, left shoulder acromioclavicular joint osteoarthritis, and left hip arthritis due to an error by the agency of original jurisdiction in satisfying a regulatory or statutory duty.
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