PREC 19-94    Payment of Attorney Fees in cases where a repeat Claim is filed and the Requirements of 38 U.S.C. § 5108 are Inapplicable       Citation: Vet. Aff. Op. Gen Couns. Prec. 19-94, VAOPGCPREC 19-94, 1994

QUESTION PRESENTED:

Is the prerequisite of 38 U.S.C. § 5904(c)(1) and 38 C.F.R. § 20.609(c)(1) requiring a final decision by the Board of Veterans' Appeals (BVA) prior to charging an attorney fee satisfied when a "repeat" claim is filed after a final BVA decision has been issued regarding an earlier, similar claim, e.g., a claim for pension, an increased rating, a total rating based on individual unemployability, or service connection for a prisoner of war (POW) presumptive disease?

HELD:

The prerequisite of a final decision by the Board of Veterans' Appeals (BVA) prior to charging an attorney fee contained in 38 U.S.C. § 5904(c)(1) and 38 C.F.R. § 20.609(c)(1) is satisfied when a "repeat claim" for benefits is filed after a final BVA decision has been issued regarding an earlier, similar claim, e.g., a claim for pension, an increased rating, a total rating based upon individual unemployability, or service connection for a prisoner of war presumptive disease.