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In a big victory for our shopper, Incapacity Regulation Group efficiently secured a 100% Everlasting and Complete incapacity score from the Division of Veterans Affairs (VA) after a chronic five-year appeals course of. This achievement underscores the dedication and experience of our staff, notably in navigating complicated VA procedures and leveraging current coverage developments to the shopper’s benefit.

Our shopper, a devoted veteran, initiated his declare for incapacity advantages in August 2019. Regardless of the severity of his situation, his preliminary Ranking Resolution in 2019 granted solely a ten% score, along with his PTSD declare being outright denied. This inadequate score failed to acknowledge the complete extent of his disabilities.

When our shopper sought help from Incapacity Regulation Group in November 2022, the deadline for interesting the 2019 Ranking Resolution had lengthy handed. Underneath regular circumstances, this might have resulted in a forfeiture of his proper to attraction and the necessity to file a brand new declare, doubtlessly shedding years of retroactive advantages.

Lawyer Jason Pearson, famend for his meticulous consideration to VA processes and up to date coverage updates, recognized a crucial alternative. Recognizing the continuing impacts of the COVID-19 pandemic on veterans’ potential to fulfill deadlines, he invoked a particular provision permitting for an extension of the attraction interval for good trigger.

Jason meticulously ready a request, presenting compelling proof of how the pandemic had immediately affected our shopper’s potential to fulfill the preliminary deadline. His argument highlighted not solely the disruptions attributable to COVID-19 but in addition the shopper’s persistent efforts to adjust to VA necessities amidst these challenges.

Along with addressing procedural hurdles, Jason Pearson engaged with applicable medical professionals to acquire the mandatory medical proof to assist the veteran’s claims. This included securing a personal medical analysis that conclusively demonstrated the shopper’s entitlement to a 100% score for PTSD. This medical nexus opinion was essential in establishing the service connection required for the declare.

In January 2024, the VA granted the veteran service connection for PTSD on the 70% price, with an efficient date of December 2023. Whereas this was a step in the appropriate course, it didn’t totally replicate the severity of the shopper’s situation or acknowledge the preliminary submitting date.

Lawyer Jason Pearson instantly filed one other attraction for a Greater-Degree Assessment. He engaged immediately with a Resolution Assessment Officer, meticulously declaring the proof supporting a better score and an earlier efficient date. Jason’s thorough presentation and advocacy had been instrumental in highlighting the veteran’s long-standing entitlement.

In March 2024, the VA granted the veteran a 100% score for PTSD, with an efficient date retroactively set to August 2019, when the veteran’s declare was first initiated. This determination not solely acknowledged the complete extent of the shopper’s incapacity but in addition secured important retroactive advantages.

This consequence ensures that our shopper receives the complete spectrum of advantages he’s entitled to, considerably enhancing his high quality of life. The retroactive advantages relationship again to August 2019 present monetary stability and peace of thoughts after years of uncertainty and hardship.

This case exemplifies the significance of staying abreast of coverage adjustments and the impression of skilled authorized illustration within the realm of veterans’ incapacity legislation. At Incapacity Regulation Group, we’re dedicated to preventing for the rights of our purchasers, making certain they obtain the advantages they deserve, regardless of how complicated or extended the journey could also be.

If you happen to or a beloved one are going through challenges with a VA incapacity declare, our skilled attorneys are right here to assist. Contact Incapacity Regulation Group to make sure your rights are protected and to safe the advantages you might have earned via your service.





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Case Highlight – Could 2024