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VA Case Updates

2016


  • Attorney John M. Wiliams Wins Favorable Decision & TDIU for Veteran with Back Injury

    • Williams appealed a VA Regional Office decision to the Board of Veterans Appeal (BVA) because the Regional Office refused to recognize serious conditons related to the veteran's back.  The condition, Williams argued, would combine with other service related disabilities to render the veteran unemployable.  The BVA reviewed the appeal, agreed with Williams, and sent the case back to the Regional Office for evaluation of the veteran's additional lower back disability.  On appeal, Williams provided expert evidence to show that the veteran was entitled to more monthly compensation based on having a higher combined disability rating.  The VA granted him service connection for radiculopathy and finally agreed that the combination of the veterans lower back disability and other conditions caused him to be unable to maintain meaningful employment.  As a result, the veteran was granted individual unemployability (TDIU).  The award of 100% in compensation pay results in a substantial increase in monthly VA disability compensation for the veteran and his family.​​​​​​​




  • Attorney John M. Williams Wins Favorable Decision for Army Veteran With PTSD

    • In 2013, a Gulf War Era Army veteran filed a claim with the Department of Veterans Affairs which requested an increased rating for his PTSD which was previously evaluated at 50% disabling.  This claim was denied by VA in 2014 on the basis that, "the treatment records showed ongoing symptoms of post-traumatic stress disorder; however they do not show an increase in symptoms."  On Appeal, Williams argued that VA failed to provide an adequate analysis of the evidence.  In addtion, Williams argued that the evidentiary record showed a level of disability that mirrored the criteria for a 100% rating. The VA ordered that the veteran submit to another Compensation & Pension (C&P) examination.  Following the C&P and after reviewing the evidence presented on Appeal, the VA granted the veteran a 100% permanent disability rating for PTSD.  The award of 100% results in a substantial increase in monthly VA disability compensation for the veteran.




  • Attorney John M. Williams Wins Favorable Decision & TDIU for Veteran With PTSD from Military Sexual Trauma (MST)

    • ​​​​​​​​​​​​​​A veteran tried to fight the VA alone and filed a claim for post-traumatic stress disorder (PTSD) with major depression resulting from military sexual trauma (MST) that occurred in-service.  In 2011, the VA denied this claim stating there was no link established by medical evidence between current symptoms and the in-service stressor.  On appeal, Williams proved that the VA wrongfully interpreted its own regulations and records.   The service records and treatment records had evidence that was overlooked or not given the proper weight.   In addition, Williams found documents in the veteran’s military personnel file which showed a drastic change in behavior immediately following the MST event.  Our firm retained an independent expert to review all the records and submit a report to the BVA for the appeal.   The Board of Veterans Appeals agreed with us.  Upon reviewing the evidence provided, the BVA ordered the VA to grant service-connection.  The VA awarded the veteran a 70% disability rating for PTSD and total disability based on unemployability.  The veteran is now paid at the 100% disability rating.



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  • Attorney John M. Williams Wins Favorable Decision for Earlier Effective Date for Air Force and Navy Veteran
    • ​​​​​​​A veteran filed a claim in 2010 for PTSD.  The claim was initially denied, but later granted in 2016 on Appeal.  However, the VA granted the claim with an effective date of 2012 instead of the date when the claim was filed in 2010.  Our firm was able to use the VA's own rules and regulations to appeal ththe effective date of the rating decision.  Upon review of the regulations cited by our firm, the VA  granted the veteran the earlier effective date of 2010 which resulted in a substantial increase in the amount of backpay the veteran received.




2015


  • Attorney John M. Williams Wins Favorable Decision for Navy Veteran With Depressive Disorder Associated with Back Injury​​​​​​​

    • A fed up veteran fought the VA for years with the help of various service organizations.  The VA kept denying his claims.  The VA said his depressive disorder did not result from his back injuries that occurred while the veteran was in service was related.  He finally came to our firm.  We prepared and filed an appeal.  On Appeal, Williams argued that the service records, ongoing mental health treatment along with independent psychology and vocational expert reports showed a level of depressive disorder that met the criteria for service-connection secondary to the veteran’s back condition.  After the Board of Veterans Appeals (BVA) reviewed the evidence submitted on Appeal, the VA granted the service-connection and awarded the veteran a 70% disability rating for the depressive disorder.