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PREC 18-92 Attorney Fee Agreements in cases remanded by the Board of Veterans' Appeals
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PREC 18-92 Attorney Fee Agreements in cases remanded by the Board of Veterans' Appeals Citation: Vet. Aff. Op. Gen. Couns. Prec. 18-92, VAOPGCPREC 18-92, 1992 QUESTION PRESENTED:
Does a remand from the Board of Veterans' Appeals (BVA), prior to the issuance of a determination on an underlying claim, constitute a "final decision" under 38 U.S.C. § 5904(c)(1) and 38 C.F.R. § 20.609(c)(1), following which an attorney may properly obtain a fee for representing a claimant before the Department of
Veterans Affairs (VA)?
HELD:
An attorney may not solicit, contract for, charge, receive or attempt to receive or solicit, a fee in connection with representation of a claimant before the Department on a benefits issue until after the BVA first issues a final decision on that claim. A determination by the BVA to remand a case prior to making a determination on the underlying claim is, pursuant to 38 C.F.R. § 20.1100(b), in the nature of a "preliminary order" and does not constitute a "final decision" subsequent to which an attorney may pursue the collection of fees for representing a claimant before the Department.
1 The Department of Veterans Affairs Health-Care Personnel Act of 1991, Pub. L. No. 102-40, § 402(b)(1), 105 Stat. 187, 238 (1991), redesignated each section in, among other chapters, chapter 59 of title 38, United States Code, so that the first two digits of the section number are the same as the chapter number of the chapter containing that section.
2 Added by notice published at 57 Fed.Reg. 4088, 4126 (1992). See generally, Board of Veterans' Appeals Rules of Practice, 57 Fed. Reg. 4109-4139 (1992).
VETERANS ADMINISTRATION GENERAL COUNSEL
Vet. Aff. Op. Gen. Couns. Prec. 18-92
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