Request for Action: Attorney Fee Decision on Supp Claim

The U.S. Court of Appeals for the Federal Circuit in Military-Veterans Advocacy v. Secretary of Veterans Affairs*,* 7 F.4th 1110 (Fed. Cir.  2021) invalidated 38 CFR 14.636(c)(1)(i)  as inconsistent with the text of the Appeals Modernization Act of 2017 (AMA). The court held that once VA has initially adjudicated an issue, fees may be charged for work on later claims involving that issue without the requirement of a new initial decision. As a result, agent/attorney fee eligibility now applies to all supplemental claims. This ruling applies to fee decisions on underlying claims processed under the AMA on or after July 30, 2021. See VA Adjudication Manual, M21-1MR, 8.A.1.h.  Fees for Representation Involving Supplemental Claims (January 27, 2023).

As there is a valid fee agreement on file, and pursuant to Military-Veterans Advocacy v. Secretary of Veterans Affairs, please issue a fee decision awarding 20% of the claimant’s retroactive award to Operation Stand Down RI, as the claimant’s appointed representative.

Should you require any additional information to complete this request, please contact the undersigned directly.