The Board denied additional attorney fees as the past-due benefits awarded in the May 2019 rating decision have already been correctly calculated and include the appropriate attorney fees.
The deciding factor: The amount of past-due benefits, including attorney fees, was properly calculated according to the law and no additional attorney fees are warranted.
- Claimed conditions
- Tension headaches, Total Disability due to Individual Unemployability (TDIU)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 29, 2020
- Citation
- A20016218
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 the veteran's claims for increased ratings for various disabilities, including lumbar spine degenerative arthritis, radiculopathy of both femoral and sciatic nerves, tension headaches, residual scarring, and PTSD.
- Remanded (sent back)
The Board remands the claims for readjudication due to new and relevant evidence being submitted since the previous denial.
- Remanded (sent back)
The Board remands the issues of entitlement to service connection for essential left-hand tremors, essential right-hand tremors, restless left leg syndrome, restless right leg syndrome, and tension headaches as further development is needed.
- Remanded (sent back)
The Board remanded several claims for further development and readjudication, including service connection for OSA and hypertension, as well as increased ratings for right wrist sprain, MDD, tension headaches, and other musculoskeletal conditions.
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