The Board denied attorney fees based on past-due benefits awarded in the April 2019 rating decision because the appellant has already received the correct amount of attorney fees, and the Veteran was paid the full amount withheld for military retired pay.
The deciding factor: The appellant has already received the correct amount of attorney fees based on the total award of past-due benefits awarded to the Veteran from the effective date of the grant of service connection to the date of the April 2019 rating decision.
- Claimed conditions
- Major depressive disorder, Posttraumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 28, 2020
- Citation
- A20016180
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 initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted an effective date of May 9, 2022, for the grant of service connection for posttraumatic stress disorder with generalized anxiety disorder, other specified depressive disorder, and alcohol use disorder.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include posttraumatic stress disorder, depression, and personality disorder, due to the need for further development of the record.
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