The Board denied the appellant's request for attorney fees based on past-due benefits awarded in October 2020, as TDIU was not part of any pending appeal and could not be charged prior to the initial decision.
The deciding factor: TDIU was granted in an initial decision without a pending increased rating appeal, thus the appellant could not charge fees for this representation.
- Claimed conditions
- peptic ulcer disease, acquired psychiatric condition (including depression)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2022
- Citation
- A22026175
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. Look up the original decision on VA.gov (opens in a new tab) using citation A22026175.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Board dismissed the appeal contesting eligibility to attorney fees based on past-due benefits awarded in an October 3, 2025 rating decision. The AOJ issued a corrected FAN and amended FAN that replaced the previous decisions, leading to no valid appeal pending.
- Remanded (sent back)
The Board has remanded the claims for service connection for a back disability, an acquired psychiatric disability (generalized anxiety disorder), peptic ulcer disease, and hypertension due to potential errors in obtaining necessary medical opinions and records. The AOJ is required to obtain these opinions and records.
- Denied
The Veteran's peptic ulcer disease and residual scar status post appendix removal were not found to meet criteria for a compensable rating.,The Veteran was granted service connection for headaches, but the other issues remained denied or not met.,Service connection was denied for left hand disability, skin cancer, heart disability, left knee disability, right knee disability, left hip disability, low back disability, and sleep disorder.
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