Partly granted
The Board granted eligibility for the direct payment of fees to the appellant from past due benefits awarded in the portion of a July 2023 rating decision granting higher ratings for epilepsy and migraine headaches, but denied it for lumbar strain and cognitive disorder.
The deciding factor: The fee agreement was valid, but only applicable to the epilepsy and migraine headache claims as they were part of an initial increased rating claim. The lumbar spine and cognitive disorder claims were new claims not eligible for past due fees under 38 U.S.C. § 5904(c)(1).
- Claimed conditions
- epilepsy, migraine headaches, lumbar strain, cognitive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2025
- Citation
- A25017946
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