Denied
The appeal for direct payment of attorney fees based on past-due benefits was denied as the October 2022 rating decision was considered the initial decision with respect to the case.
The deciding factor: The fee provisions for decisions issued on or after the effective date for the Appeals Modernization Act do not allow for fees before the claimant is given notice of the AOJ's initial decision, and the October 2022 rating decision was considered the initial decision with respect to the case.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2025
- Citation
- A25011777
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