Citation Nr: A25106902
Decision Date: 12/11/25	Archive Date: 12/11/25

DOCKET NO. 240627-486945
DATE: December 11, 2025

REMANDED

The issue of eligibility to the direct payment of attorney fees based on past-due benefits awarded in a May 2, 2024 rating decision, which awarded a 70 percent evaluation for posttraumatic stress disorder, effective February 26, 2024, is remanded.

REASONS FOR REMAND

The Veteran had active service from March 1990 to August 1996.  The Appellant is the Veteran's representative.  However, the Appellant does not represent him in this contested claim for fees.  See e.g., December 12, 2024 and January 27, 2025 AMA Notification Letters.  

The fee decision on appeal was issued on May 7, 2024 and constitutes an initial decision of the issue of fees warranted from the May 2, 2024 rating decision, which awarded a 70 percent evaluation for PTSD, effective February 26, 2024.  In the June 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement (NOD)), the Appellant elected the Evidence Review docket.  The Veteran did not elect to change the docket.  Thus, the Board may only consider the evidence of record at the time of the May 7, 2024 fee decision on appeal, any brief or argument filed by the Veteran if received within 30 days of the December 12, 2024, notice of the substance of the NOD, or any evidence received within 90 days of the January 27, 2025 docketing letter.  38 C.F.R. §§ 20.404, 20.405.

The May 7, 2024 fee decision on appeal failed to inform the parties of the past-due benefits awarded from the May 2024 rating decision.  See e.g. May 2, 2024 Rating Codesheet (noting a 70 percent combined schedular evaluation effective February 26, 2024) and April 4, 2024 Rating Codesheet (noting a 30 percent effective February 13, 2017)).  As the decision did not document the past-due benefits awarded, a remand is required to correct this error.  

The matters are REMANDED for the following actions:

1. Prepare an audit calculating the total amount of past-due benefits awarded from the May 2, 2024 rating decision.  

2. Issue a Summary of the Case to the parties regarding the issue of entitlement to fees based on past-due benefits awarded in the May 2, 2024 rating decision.  All contested claim procedures must be complied with, including sending copies of the Summary of the Case to all parties and their respective representatives (if any).

 

 

MARTIN B. PETERS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Anderson

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.