6 Year Battle For 100% Disability Rating For Veteran Pays Off
In February 2013, Goodman Allen Donnelly obtained approximately $825,000 in retroactive benefits on behalf of a veteran from the Department of the Veterans Affairs Montgomery, Alabama Regional Office (VA).
The attorneys and paralegals in our Veterans Benefit Group worked tirelessly on this matter beginning with representation at the U.S. Court of Appeals for Veterans Claims in 2007 where they were able to secure a decision sending the case back to the Board of Veterans’ Appeals (Board) for further development and adjudication. The VA continued to reject the argument that the veteran’s claim for T12 myelopathy with bowel and bladder paralysis, the loss of use of lower extremities, and the loss of anal and bladder control, was due to a military connected intervertebral disc syndrome. Following years of submitting argument and evidence in support of the veteran’s claim for service connection and the case transferring back and forth between the Regional Office and the Board, the VA, in August 2011 finally granted service connection for what they “renamed” myelopathy with chronic pain of the right and left lower extremities, both rated at a 10% disability. Despite the good news of the VA’s recognition and acceptance of the service connection, a disability rating of 10% in light of the significant disabilities the veteran was experiencing was simply unacceptable. The decision was appealed and another two years of persistence and impatience transpired before the VA finally gave recognition to the true extent of the veteran’s condition and granted entitlement to 100% disability benefits for various medical disabilities dating back to May 2001, including, entitlement to special monthly compensation based on the need of aid and attendance, automobile and adaptive equipment, specially adapted housing, and dependents educational assistance.
For additional information please contact David Lowenstein.