Denied
The appeal for direct payment of attorney fees based on past-due benefits was denied because the initial decision on the increased rating for allergic rhinitis and entitlement to TDIU occurred in April 2023, and no qualifying review request was filed prior to this date.
The deciding factor: The Board found that the Veteran's February 10, 2023, VA Form 21-8940 constituted a new claim for an increased rating for disabilities preventing substantial employment beginning on that date, and thus, the April 2023 rating decision was the initial decision on this issue.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2025
- Citation
- A25000405
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