a. Determining VA accredited attorneys and agents may only charge fees for services What provided after the RO has issued a decision and a NOD has been filed with Constitutes a respect to a “case.” Case When making a determination on fees apply the following principles: An original claim, a reopened claim, and a claim for increase are each separate even if they address the same disability. “cases,” Each request for DIC, Pension, or Death Pension is a separate “case.” Where the benefit sought is disability compensation, the case consists of an assertion of entitlement to compensation based on a specific disability. Distinct and separate symptoms are distinct disabilities and, therefore, distinct cases. However, different diagnoses assigned to the same symptoms do not represent different disabilities and, therefore, are not necessarily separate cases. Examples in following blocks illustrate what constitutes a for the “case” purpose of determining whether fees may be charged. For more information on References: The case concept, see 10 Vet.App. 104 (1997) (docket no. 96-0017) , Distinct symptomatology, see , 6 Vet. App. 259 (1994), Different diagnoses assigned to the same symptoms, see , 23 Vet. App. 1 (2009). b. Example 1 Facts – What The Veteran seeks service connection for (1) posttraumatic stress disorder Constitutes a (PTSD) and (2) hearing loss. “Case” The RO denies service connection for PTSD and defers the issue of service connection for hearing loss. After the Veteran files an NOD with the denial of service connection for PTSD, the RO awards service connection for hearing loss. Result The request for service connection for PTSD and the request for Veteran’s service connection for hearing loss constitute separate cases because they involve distinct disabilities. Fees may not be paid based on the award of service connection for hearing loss because the award was made in the initial decision, before an NOD could have been filed. c. Example 2 Facts – What On August 4, 2008, the Veteran files a claim for depression. At that time, Constitutes a the Veteran was not receiving any VA benefits and did not have any other “Case” claims pending. The RO denied service connection for depression and the
a. Determining What Constitutes a Case VA accredited attorneys and agents may only charge fees for services provided after the RO has issued a decision and a NOD has been filed with respect to a “case.” When making a determination on fees apply the following principles: An original claim, a reopened claim, and a claim for increase are each separate “cases,” even if they address the same disability. Each request for DIC, Pension, or Death Pension is a separate “case.” Where the benefit sought is disability compensation, the case consists of an assertion of entitlement to compensation based on a specific disability. Distinct and separate symptoms are distinct disabilities and, therefore, distinct cases. However, different diagnoses assigned to the same symptoms do not represent different disabilities and, therefore, are not necessarily separate cases. Examples in following blocks illustrate what constitutes a “case” for the purpose of determining whether fees may be charged. References: For more information on The case concept, see , 10 Vet.App. 104 (1997) (docket no. 96-0017) Distinct symptomatology, see , 6 Vet. App. 259 (1994), Different diagnoses assigned to the same symptoms, see , 23 Vet. App. 1 (2009). b. Example 1 – What Constitutes a “Case” Facts The Veteran seeks service connection for (1) posttraumatic stress disorder (PTSD) and (2) hearing loss. The RO denies service connection for PTSD and defers the issue of service connection for hearing loss. After the Veteran files an NOD with the denial of service connection for PTSD, the RO awards service connection for hearing loss. Result The Veteran’s request for service connection for PTSD and the request for service connection for hearing loss constitute separate cases because they involve distinct disabilities. Fees may not be paid based on the award of service connection for hearing loss because the award was made in the initial decision, before an NOD could have been filed. c. Example 2 – What Constitutes a “Case” Facts On August 4, 2008, the Veteran files a claim for depression. At that time, the Veteran was not receiving any VA benefits and did not have any other claims pending. The RO denied service connection for depression and the