The Board granted attorney fees for service connection of OSA and ED, and SMC based on loss of use of a creative organ, but denied fees for an increased rating for psychiatric disorder and other PN conditions.

The deciding factor: The March 2024 rating decision was not the initial decision on the claims for service connection for OSA and ED as they were previously denied in August 2018, making the appellant eligible to direct payment of fees. The November 2023 VA Form 21-526EZ was a new claim for an increased rating that had yet to be adjudicated by the AOJ.

Claimed conditions

Obstructive Sleep Apnea (OSA), Erectile Dysfunction (ED), Acquired Psychiatric Disorder, Bilateral Upper Extremity Peripheral Neuropathy (PN), Bilateral Lower Extremity PN of the Sciatic Nerve, Bilateral Lower Extremity PN of the Femoral Nerve, Bilateral Lower Extremity PN of the External Cutaneous Nerve of the Thigh, Bilateral Lower Extremity PN of the Ilio-Iguinal Nerve, Bilateral Lower Extremity PN of the Obturator Nerve

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

October 14, 2025

Citation

A25088451

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