The Veteran's claim for attorney fees related to the February 2019 rating decision is being remanded due to procedural issues, including failure to notify both parties of their rights and the need for a NOD. The main issue on appeal is whether the Veteran is eligible for direct payment of attorney fees based on past-due benefits awarded in the February 2019 rating decision.
The deciding factor: The Veteran's claim was not properly notified of his right to file a Notice of Disagreement (NOD) and contest the eligibility for direct payment of attorney fees, as required by procedural rules.
- Claimed conditions
- Ischemic heart disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001983
Veterans Law Judge
Decisions by this judge: 882 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24001983.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for an initial rating of 30 percent prior to July 18, 2014, and a higher than 60 percent rating thereafter for ischemic heart disease is being remanded due to incomplete evidence. The examiner needs to provide more detailed information about the severity of his service-connected condition.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an earlier effective date and increased rating for ischemic heart disease due to a failure by the AOJ to request SSA records, which were not available.
- Granted
The Board has granted service connection for ischemic heart disease and myocardial infarction, status post stent placement, as well as obstructive sleep apnea, finding that the Veteran's current conditions are related to his military service.
- Denied
The Board denied service connection for ischemic heart disease as there was no evidence of herbicide exposure and the Veteran's condition is not related to his military service.
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