VA Case Wins
Attorney John M. Williams Wins Increase for Veteran with PTSD
An Army veteran came to Attorney Williams after having his disability reduced to 50%. Williams discovered a duty to assist error in the process of the reduction along with evidence that supported a higher disability rating. The VA had also cited the veteran’s failure to appear for an examination, but Williams went through the JLV to discover that the veteran was never made aware of the examination and in fact the VA cancelled the examination. In 2023, his previously reduced rating for PTSD was increased based on the criteria for a higher rating which the VA failed to consider.
Attorney John M. Williams Wins Favorable Decision for Veteran with PTSD
In 2020, a Marine veteran was denied for PTSD with the VA citing no diagnosis per their C&P exam. In 2022, he sought assistance from Attorney Williams. Williams reviewed the file and found that the VA improperly overlooked a diagnosis from 2017 of PTSD with a stressor due to his military occupation. Also, the VA did not properly address a private medical opinion although it was in the veteran’s file. We filed for a HLR and submitted detailed arguments showing that the veteran had a diagnosis from VA for the PTSD with the stressors noted. Thus, the VA made an error in their denial and they made another error when they failed to address the nexus medical opinion submitted in 2020. In 2023, the veteran was awarded service connection and an overall 70% disability rating.
Attorney John M. Williams Wins Favorable Decision for Veteran with Right Knee Condition
In 1995, an Air Force veteran’s application for right knee condition was denied. He reapplied in 2014 and the VA denied the claim stating that the veteran did not provide new and material evidence. Williams took the case while it was on appeal at the BVA in 2022. We submitted and argued at a hearing that the evidence at the BVA constituted new and material evidence. The BVA agreed that a May 2017 examination diagnosed degenerative arthritis of the right knee. Under existing VA law, the veteran could submit evidence to the Board. The case was remanded for proof of chronicity and continuity of the knee complaints. We submitted an independent medical examination which reviewed the veteran’s medical file, claim file and the veteran himself. In 2023, the veteran was granted service-connection for the right knee condition.
Attorney John M. Williams Wins Favorable Decision for Veteran claiming PTSD as a result of MST
The veteran served in active duty in 1979. He first applied for benefits related to PTSD secondary to MST in 2017. The VA denied that the veteran met the criteria for MST and denied the claim. Attorney Williams helped fight the case in the BVA and CAVC. In 2017, we submitted new and relevant evidence and the VA still denied the claim despite the VA’s own examiner opining that the veteran had PTSD as a result of MST. We researched and found other outside provider records to show chronicity and continuity and further evidence to support the MST. In 2021, the veteran was awarded 70% disability and TDIU to become paid at the 100% level. We filed an HLR, which granted the veteran a disability award at the 100% level with an earlier effective date.
Attorney John M. Williams Wins Favorable BVA Decision for Veteran claiming TDIU based on PTSD, Anxiety and Major Depression Disorder from MST
In 2017, a Marine Corps veteran requested an increase in disability for her PTSD, anxiety and major depression secondary to MST (Military Sexual Trauma). The claim for increase was denied in 2017 as the VA claimed the veteran did not meet criteria for a rating in excess of 50% and was able to secure employment. The veteran filed a Notice of Disagreement and a Statement of the Case was issued. Attorney Williams filed the Appeal in 2018 and submitted additional medical evidence and buddy statements in support of her appeal. The case was forwarded to BVA for review. In 2020, the BVA granted the TDIU and the veteran was awarded backpay and monthly disability at the 100% level.
Attorney John M. Williams Wins Favorable BVA Decision for Veteran claiming TDIU based on PTSD
In 2016, a Marine Corps veteran requested an increase in disability for his PTSD and/or entitlement to total disability based on individual unemployability (TDIU). The claim was originally denied in 2016 as the VA claimed the veteran did not meet criteria for a rating in excess of 50%. The veteran filed a Notice of Disagreement and a Statement of the Case was issued. Attorney Williams filed the Appeal in 2018 and submitted additional medical evidence including a medical expert report. The case was forwarded to BVA for review. In 2020, the BVA granted the TDIU and the veteran was awarded backpay and monthly disability at the 100% level.
Attorney John M. Williams Wins Favorable Decision for Veteran with Right Knee Condition
In 1995, an Air Force veteran’s application for right knee condition was denied. He reapplied in 2014 and the VA denied the claim stating that the veteran did not provide new and material evidence. Williams took the case while it was on appeal at the BVA in 2022. We submitted and argued at a hearing that the evidence at the BVA constituted new and material evidence. The BVA agreed that a May 2017 examination diagnosed degenerative arthritis of the right knee. Under existing VA law, the veteran could submit evidence to the Board. The case was remanded for proof of chronicity and continuity of the knee complaints. We submitted an independent medical examination which reviewed the veteran’s medical file, claim file and the veteran himself. In 2023, the veteran was granted service-connection for the right knee condition.
Attorney John M. Williams Wins Favorable Decision for Veteran claiming PTSD as a result of MST
The veteran served in active duty in 1979. He first applied for benefits related to PTSD secondary to MST in 2017. The VA denied that the veteran met the criteria for MST and denied the claim. Attorney Williams helped fight the case in the BVA and CAVC. In 2017, we submitted new and relevant evidence and the VA still denied the claim despite the VA’s own examiner opining that the veteran had PTSD as a result of MST. We researched and found other outside provider records to show chronicity and continuity and further evidence to support the MST. In 2021, the veteran was awarded 70% disability and TDIU to become paid at the 100% level. We filed an HLR, which granted the veteran a disability award at the 100% level with an earlier effective date.
Attorney John M. Williams Wins Favorable Decision for Veteran claiming Depression with Secondary Substance Abuse
In 2018, an Army veteran applied for depression with secondary substance abuse issues. In 2020, he was granted service-connection at the 30% level. One week before the appeal period ended, he came to Attorney Williams asking for a case review. Attorney Williams filed for an HLR and as a result of the review of his records and the disability criteria, the veteran was awarded an increase to 50%.
Attorney John M. Williams Wins Favorable Decision for Veteran claiming Radiculopathy
In 2018, an Army veteran requested service-connection for left and right radiculopathy. The VA denied the claim. Attorney Williams filed an HLR citing the VA’s failure to review the entirety of the veteran’s medical records. In 2022, the VA granted service-connection effective to 2018 which resulted in backpay to the veteran and monthly benefits going forward.
Attorney John M. Williams Wins Favorable BVA Decision for Veteran claiming Lung Cancer and Residuals due to Asbestos Exposure
In 2013, an Air Force veteran requested service-connection for lung cancer and residuals due to asbestos exposure. The claim for increase was denied in 2013 as the VA claimed that the veteran was not exposed to asbestos in service and that lung cancer was not a condition related to asbestos exposure. In 2014, Attorney Williams filed the Notice of Disagreement and a Statement of the Case was issued in 2016. Attorney Williams filed the Appeal in 2016 arguing that the VA overlooked and misapplied evidence, including supporting evidence from the veteran's doctors that the lung cancer could be inextricably connected to a service-connected exposure. The case was forwarded to BVA for review. In 2021, the BVA granted service connection at the 100% level for the veteran and was awarded backpay from 2013 and 100% monthly disability going forward.
Attorney John M. Williams Wins Favorable BVA Decision for Veteran claiming TDIU based on PTSD, Anxiety and Major Depression Disorder from MST
In 2017, a Marine Corps veteran requested an increase in disability for her PTSD, anxiety and major depression secondary to MST (Military Sexual Trauma). The claim for increase was denied in 2017 as the VA claimed the veteran did not meet criteria for a rating in excess of 50% and was able to secure employment. The veteran filed a Notice of Disagreement and a Statement of the Case was issued. Attorney Williams filed the Appeal in 2018 and submitted additional medical evidence and buddy statements in support of her appeal. The case was forwarded to BVA for review. In 2020, the BVA granted the TDIU and the veteran was awarded backpay and monthly disability at the 100% level.
Attorney John M. Williams Wins Favorable BVA Decision for Veteran claiming TDIU based on PTSD
In 2016, a Marine Corps veteran requested an increase in disability for his PTSD and/or entitlement to total disability based on individual unemployability (TDIU). The claim was originally denied in 2016 as the VA claimed the veteran did not meet criteria for a rating in excess of 50%. The veteran filed a Notice of Disagreement and a Statement of the Case was issued. Attorney Williams filed the Appeal in 2018 and submitted additional medical evidence including a medical expert report. The case was forwarded to BVA for review. In 2020, the BVA granted the TDIU and the veteran was awarded backpay and monthly disability at the 100% level.
Attorney John M. Wiliams Wins Favorable BVA Decision for Veteran with Secondary Back Condition
- In 2016, an Army veteran filed a claim which requested service-connection for a lumbar spine condition secondary to a service-connected right knee condition. The claim was originally denied in 2017 as the VA claimed there was no evidence connecting the injury to the veteran's time in service nor any evidence that the lumbar back condition was connected to the service-connected knee condition. The veteran filed a Notice of Disagreement and a Statement of the Case was issued. Attorney Williams filed an Appeal in 2017 and submitted additional medical evidence including a medical expert report. The case was sent to the BVA for review. In 2019, the BVA granted service-connection for the secondary back condition and sent the case back to the RO for evaluation of the veteran's disability.
Attorney John M. Wiliams Wins Favorable Decision for Veteran
- In 2010, an Army veteran filed a claim which requested service-connection for diabetes, neuropathy and a renal condition. The claim was originally denied in 2011 as the VA claimed there was no evidence connecting the injury to the veteran's time in service. The veteran filed a Notice of Disagreement and a Statement of the Case was issued. Attorney Williams filed an Appeal in 2012 and submitted additional medical evidence. The case was sent to the BVA for review. A BVA hearing was held in 2016. In 2017, the BVA remanded the case back to the RO for evaluation of the veteran's diabetes, neuropathy and renal condition. As a result, the VA granted the veteran service-connection for all conditions in 2018 for a combined rating of 90%.
Attorney John M. Wiliams Wins Favorable Decision to Not Decrease Veteran's Disability Rating
- In 2017, an Army veteran was granted service-connection for a low back condition. Six months later in 2018, the veteran received notice that the VA was planning to decrease his disability rating. The veteran was given 60 days to provide new evidence and request a hearing, which Attorney Williams requested. Prior to the hearing taking place, the VA contacted Attorney Williams indicating that upon review, the decision to lower the rating was made in error and that the VA would make the veteran's current rating static.
Attorney John M. Wiliams Wins Earlier Effective Date (EED) For Veteran with Back Injury, Major Depressive Disorder
- In 2015, an Army veteran filed an application for compensation for a back injury and major depressive disoder. The VA issued service connection for these conditions in 2016 but at a rating level that was not acceptable to the veteran and for an effective date that did not match the date the veteran made the claims aware to the VA. Attorney Williams filed a Notice of Disagreement arguing that he veteran was entitiled to higher ratings for each condition and earlier effective dates for each. In April 2018, the VA acknowledged they made a clear and unmistakeable error (CUE) and granted earlier effective dates for each. This result resulted in additional backpay to the veteran. Attorney Williams has filed an Appeal requesting an effective date even earlier than the one granted in April 2018 based on CUE.
Attorney John M. Wiliams Wins Favorable TDIU Decision for Veteran with Back Injury and Major Depressive Disorder
- In 2017, an Army veteran filed an application which requested TDIU/Increased Compensation Based on Unemployability based on his service-connection for a low back condition and major depressive disorder. The previous applications filed for an increase in disability ratings for the back and depressive claims were originally denied in 2016 as the VA claimed there was no reason to increase the ratings previously given. Thus, the veteran and Attorney Williams filed the TDIU application and argued that the veteran should be paid at the 100% level as his service-connected disabilities prevented him from obtaining and maintaining employment. The VA reviewed the application and agreed with evidence presented by Williams. As a result, the VA granted the veteran TDIU.
Attorney John M. Wiliams Wins Favorable Decision for Veteran with Back Injury
- In 2009, an Army veteran filed a claim which requested service-connection for a low back condition. The claim was originally denied as the VA claimed there was no evidence connecting the injury to the veteran's time in service. Williams argued that service treatment records showed evidence of the back injury and also provided evidence to the VA from the veteran's current treating physician that the injury occured while in service. The BVA reviewed the appeal and agreed with the evidence presented by Williams. The BVA sent the case back to the RO for evaluation of the veteran's low back disability. As a result, the VA granted the veteran service-connection for the lower back condition.
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.
- 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.
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.