The Board granted the Appellant's eligibility for direct payment of attorney fees based on past-due benefits awarded in a July 2021 rating decision.
The deciding factor: The Court's decision in Held v. McDonough invalidated the regulation that previously prohibited awarding attorneys' fees in such cases, and found that where a later decision finds CUE in a prior decision, fees are warranted following the CUE decision.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2024
- Citation
- A24064571
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.