The Board granted the appellant's eligibility for direct payment of attorney fees based on past due benefits from the October 2022 rating decision with respect to a TDIU rating effective as of December 29, 2020, but denied it for an increased rating for left hip replacement effective as of May 11, 2022.
The deciding factor: The April 2022 rating decision implicitly denied a TDIU rating based on the service-connected spine and lower extremity disabilities at the time that the initial rating was assigned, making the October 2022 rating decision not the initial decision with respect to the case for the award of a TDIU rating. For the increased left hip disability claim, there was no previous decision that adjudicated entitlement to an increased rating for the period beginning May 11, 2022.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2025
- Citation
- A25011708
Want to see how appeals like this one tend to go? Appeals like mine
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.