The Board denied the appellant's request for attorney fees based on past due benefits awarded in November 2022, which granted a TDIU rating effective April 28, 2022. The appeal was denied because the initial decision on the TDIU claim was not part of any pending or previously resolved claims.
The deciding factor: The initial decision granting the TDIU rating was the first time the issue had been addressed and thus did not constitute a continuation of an existing claim, making it ineligible for attorney fees based on past due benefits.
- Claimed conditions
- Generalized anxiety disorder with unspecified depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 11, 2023
- Citation
- A23028002
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 A23028002.
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.
- Partly granted
The Board granted a disability rating of 70 percent for generalized anxiety disorder with unspecified depressive disorder from June 28, 2022 to February 19, 2023 and denied an increase thereafter. It also granted an earlier effective date for DEA eligibility and restored the 30 percent rating for plantar fasciitis.
- Granted
The Board granted service connection for an acquired psychiatric disorder, diagnosed as generalized anxiety disorder with unspecified depressive disorder, based on the Veteran's in-service sexual assault.
- Remanded (sent back)
The Board remands the claims for service connection for heart conditions, high blood pressure, and generalized anxiety disorder with unspecified depressive disorder due to a need for additional evidence.
- Denied
The Board denied an earlier effective date for the award of service connection for generalized anxiety disorder with unspecified depressive disorder, as no complete Intent to File or Supplemental Claim form was received prior to September 25, 2023.
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