The Veteran's appeal of attorney fees for past-due benefits awarded in a February 2019 rating decision is denied. The amount was calculated correctly based on the effective date from September 15, 2015 to February 22, 2019.
The deciding factor: The Board found that the award of attorney fees should have been based on the past-due benefits awarded from September 15, 2015 to August 13, 2018, not February 22, 2019, as the rating decision granting TDIU was issued in February 2019.
- Claimed conditions
- Traumatic Brain Injury, Migraine Headaches, Hearing Loss in the Left Ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 19, 2020
- Citation
- A20017207
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation A20017207.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Whole decision: Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Whole decision: Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Whole decision: Remanded (sent back)
The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected traumatic brain injury is being remanded due to a procedural error.
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