Partly granted
The Board granted the appellant's eligibility for direct payment of attorney fees from past due benefits awarded in the portion of a May 2022 rating decision granting higher ratings for painful residual right foot scars and service connection for bilateral claw foot (pes cavus), but denied it for the portion granting initial ratings for right knee MCL sprain, right hip iliopsoas tendinitis, and bilateral claw foot.
The deciding factor: The Board found that the claim of secondary service connection for right clawfoot represented continuous pursuit of the higher foot disability rating adjudicated in a previous decision, while the other claims were not part of such continuous pursuit.
- Claimed conditions
- Right Knee Meniscal Tear, Right Hip Iliopsoas Tendinitis, Bilateral Claw Foot (Pes Cavus), Painful Residual Right Foot Scars
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 1, 2025
- Citation
- A25084863
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