The Veteran's claims for increased ratings in May 2023 were denied, and thus attorney fees are not granted from these decisions.
The deciding factor: The December 2023 decision was an initial decision on a new claim (TDIU) rather than a supplemental claim or higher-level review request as required by the AMA for eligibility to attorney fees.
- Claimed conditions
- Sinusitis, Degenerative Arthritis of the Spine and Intervertebral Disc Syndrome (IVDS) with Bilateral Lower Extremity Radiculopathy (Low Back Disorder), Persistent Depressive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2024
- Citation
- A24025890
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 A24025890.
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.
- Granted
The Veteran's claim for service connection for persistent depressive disorder with anxious distress was granted, effective January 17, 2024. The Board has now granted an earlier effective date of May 31, 2019.
- Granted
The Veteran's persistent depressive disorder is rated at 70 percent, the highest available rating under the General Formula for Mental Disorders. The other issues have been denied.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
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