This morning the Federal Circuit released one precedential opinion. It affirms a decision of the Court of Appeals for Veterans Claims regarding attorneys fees. Here is the introduction to the opinion.
Dojaquez v. McDonough (Precedential)
Kenneth Dojaquez appeals the United States Court of Appeals for Veterans Claims’ decision, which affirmed the Board of Veterans’ Appeals’ decision concluding that Mr. Dojaquez was not entitled to additional attorneys fees under 38 U.S.C. § 5904(d)(3). Dojaquez v. McDonough, 2022 WL 2258085 (Vet. App. June 23, 2022), J.A. 1–7. On appeal, Mr. Dojaquez contends that § 5904(d)(3) should be
interpreted so that he receives attorneys fees from the effective date of Mr. Dojaquez’s client’s increased disability rating through April 26, 2019, the date the agency notified Mr. Dojaquez’s client of its decision awarding past-due benefits. The Board and the Veterans Court applied § 5904(d) and each concluded that Mr. Dojaquez was only entitled to attorneys fees through March 2, 2019, the date of the agency’s decision assigning an effective date. We affirm.