The Veteran and the attorney have a competing interest in the monetary amount of past-due benefits awarded by the August 2022 rating decision, including CRDP fee portion established by the December 2022 administrative decision. The appeal is remanded for referral to VA's Office of General Council to complete the necessary reasonableness review.
The deciding factor: The amount and reasonableness of attorney fees are being referred to VA's Office of General Counsel for a determination.
- Claimed conditions
- TBI (Traumatic Brain Injury)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2024
- Citation
- A24074755
Veterans Law Judge
Decisions by this judge: 1,506 · Granted: 43% (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 A24074755.
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 Board has remanded the claims of service connection for an acquired psychiatric disability, TBI, and migraine headaches due to a pre-decisional duty to assist error. The AOJ will obtain medical opinions regarding the nature and etiology of these conditions.
- Granted
The Veteran's claim for a compensable rating for migraines has been denied, but he is now receiving service connection and an effective date of July 13, 2022, for his migraines. The Veteran also received an effective date of July 13, 2022, for the award of TDIU.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for VR&E benefits, as there was a pre-decisional duty to assist error. The AOJ will consider additional evidence and re-evaluate the Veteran's employment handicap.
- Remanded (sent back)
The Board has granted an effective date of November 7, 2019 for the award of service connection for headaches. The issue of entitlement to an initial compensable rating for TBI with vertigo is remanded due to a lack of sufficient VA examination records.
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