The Board denied the appellant's eligibility for attorney fees based on past-due benefits awarded in rating decisions dated May 19, 2021 and May 21, 2021. The decision found that while the appellant was eligible to receive direct payment of fees arising out of the grants of service connection for anxiety, depression, PTSD, and a 70 percent rating for persistent depressive disorder, she waived her entitlement to these fees.
The deciding factor: The appellant submitted a VA Form 10182 requesting Direct Review of the May 2021 Summaries of the Case by a Veterans Law Judge. The appellant waived her entitlement to the past-due benefits awarded in the May 2021 rating decisions, thus denying her eligibility for attorney fees.
- Claimed conditions
- anxiety, depression, PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 19, 2024
- Citation
- A24076345
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 A24076345.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
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