CAVC Case 04-1406: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 16, 2006 · LANCE
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Conditions Claimed
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Issues on Appeal
PTSDDepressionGIEye
Why It Was Decided This Way
The Board concluded that although the appellant-attorney was eligible for direct payment of 20% of the past-due benefits awarded to the veteran, because the appellant-attorney was required to offset that fee against the EAJA fees that he had already received, he was not "entitled" to the claimed 20% "because to receive such additional benefits would render his attorney fees excessive and unreasonable.
ase of award, of veterans benefits either by appeal, by reconsideration, by reopened claim based on new and material evidence[,] by any other way on all issues stated or inferred in all decisions prior to the date hereof.
In the June 2004 decision on appeal, the Board determined that "the appellant[-attorney] was entitled to a fee, in the amount of 20[%], of the past due benefits, calculated in the amount of $461.
Notwithstanding the Board's finding that the criteria for a valid fee agreement had been met, the Board concluded that "[t]he fee specified in the fee agreement between the attorney and the veteran is excessive and unreasonable in that it includes both an EAJA award plus a contingency fee for work performed before the Court, Board and VA on the same claim.
§§ 5904, 7263, the Board concluded under the "unique circumstances in this case" that the RO's failure to withhold 20% of the past-due benefits award was "entirely appropriate.
Hence, the Board concluded the appellant-attorney would have been obligated to offset the EAJA fees ($4,700) he had received against the 20% ($461.
§ 7104(c) because the Board failed to follow VA General Counsel Precedent Opinion 12-97 (March 26, 1997) [hereinafter G.
He maintains that the Board erred when it determined that he was not "entitled" to the claimed 20% of the veteran's past-due benefits award because the Secretary's regulation provides that fees that total no more than 20% of any past-due benefits are presumptively reasonable.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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