At Incapacity Legislation Group, our mission is to combat for veterans and guarantee they obtain the advantages they deserve. Not too long ago, lawyer Taylor Fenner had the privilege of working with a Marine Corps veteran from Oak Park, Michigan, who got here to us with a longstanding battle in opposition to the VA for an elevated incapacity ranking. With Taylor’s experience, we have been capable of not solely safe a 100% incapacity ranking but additionally receive everlasting and complete standing, alongside further month-to-month compensation, considerably enhancing his monetary safety and high quality of life. Right here’s a take a look at how we made a distinction for the veteran, who had been coping with a number of service-connected points.
The Struggles Earlier than Incapacity Legislation Group
When the veteran first reached out to Incapacity Legislation Group, he was rated at 80% by way of the VA. Regardless of combating for years to get his incapacity ranking elevated, he had encountered quite a few roadblocks. Along with his present circumstances, the veteran suffered from obstructive sleep apnea and psychological well being circumstances, particularly generalized nervousness dysfunction (GAD) and main depressive dysfunction (MDD), all of which he believed have been linked to his army service, particularly his deployment to Kuwait.
Having beforehand tried unsuccessfully to get a rise from the VA, the veteran knew that he wanted skilled assist to navigate the complicated system. That’s when he contacted us, and lawyer Taylor Fenner instantly started working with him to assemble further medical proof and current his case within the strongest attainable gentle.
Breaking Down the Key Points
- Obstructive Sleep Apnea
The veteran had been recognized with obstructive sleep apnea on Might of 2023, following a sleep research performed by the John Dingell VA Medical Heart. His situation was confirmed by way of the usage of a CPAP machine. Nonetheless, regardless of his analysis, the VA examiner opined that there was no connection between the veteran’s obstructive sleep apnea and his army service.
Taylor Fenner knew that this opinion didn’t inform the complete story. After reviewing the veteran’s service data, Taylor found the veterans participation in Operation Enduring Freedom in Kuwait, the place he was uncovered to hazardous airborne particulate matter resembling smoke, sand mud, and fumes from burn pits, Taylor discovered compelling proof together with research and articles linking particulate matter publicity to the event of obstructive sleep apnea, Taylor secured an unbiased medical opinion detailing how the veterans obstructive sleep apnea was brought on by his publicity to particulate matter throughout his deployment in Kuwait.
- Generalized Nervousness Dysfunction (GAD), Main Depressive Dysfunction (MDD)
The veteran’s service-connected psychological well being circumstances, together with generalized nervousness dysfunction (GAD) and main depressive dysfunction (MDD), had a profound affect on his emotional and psychological well-being. The psychological toll of those circumstances affected his capacity to operate in every day life and considerably decreased his high quality of life. The veteran’s signs included panic assaults, fixed nervousness, and temper disturbances that impaired his social and work interactions.
To strengthen the veteran’s case, Taylor Fenner understood the significance of securing new medical proof that precisely mirrored the severity of his psychological well being signs. Working intently with the veteran, Taylor organized for a complete psychological analysis, which offered an in-depth evaluation of the veteran’s GAD and MDD. The analysis confirmed the extent of his signs, together with near-continuous panic assaults, despair, and the shortcoming to operate independently because of temper disturbances.
With this new analysis in hand, Taylor introduced the up to date medical proof to the VA, which confirmed that the veteran’s psychological well being circumstances have been much more debilitating than beforehand acknowledged. The analysis highlighted the challenges the veteran confronted every day, together with impaired impulse management, difficulties in sustaining relationships, and vital social and occupational impairments. Taylor argued that these elements warranted the next incapacity ranking, successfully addressing the gaps within the VA’s earlier assessments of the veteran’s situation.
- Securing the Efficient Date Again to October 2022
One of the crucial necessary points of this case was securing the efficient date for the veteran’s elevated incapacity advantages. Usually, the VA assigns an efficient date primarily based on when a declare is filed, however in some circumstances, veterans could also be entitled to an earlier date if proof reveals their signs have been current sooner than the submitting date.
On this case, the veteran initially filed for a rise in his incapacity ranking in 2023. Nonetheless, Taylor Fenner labored diligently to display that the veteran’s signs, notably his psychological well being points and obstructive sleep apnea, have been well-documented in his medical data way back to October 2022. By exhibiting that the veteran’s signs predated the enchantment, Taylor efficiently argued that the veteran’s efficient date needs to be backdated to October 2022—guaranteeing that he obtained the complete retroactive advantages owed to him.
Consequently, the veteran was awarded retroactive advantages of over $53,000, which made a life altering distinction in his monetary state of affairs.
The Final result: Life-Altering Advantages
By way of Taylor Fenner’s diligent work and experience, we have been capable of safe the next for the veteran:
- 100% Incapacity Score
- Everlasting and Complete (P&T) Standing
- Further Month-to-month Compensation, together with Particular Month-to-month Compensation (SMC-Ok and SMC-S)
- Retroactive Advantages of Over $53,000.00
- Efficient Date Again to October 2022
The veteran’s new ranking doubled his month-to-month VA cost, offering his household with much-needed monetary stability. This determination not solely secured his future but additionally gave him peace of thoughts—one thing he had been lacking for years. After we knowledgeable the veteran of the choice, he was overwhelmed with pleasure. For the primary time, he and his household might benefit from the vacation season with out the stress of economic uncertainty.
“That is the primary vacation season we’re not going to have to fret,” the veteran mentioned. “I can’t categorical how grateful I’m. You’ve modified my life.”
Why This Issues to You
The veteran’s case is a strong instance of what can occur when veterans have the suitable staff on their aspect. The VA claims course of may be overwhelming, particularly if you’re going through a number of service-connected circumstances. However as we’ve seen within the veteran’s case, having an skilled authorized staff could make all of the distinction.
When you’re a veteran who’s struggling to get the advantages you deserve—whether or not it’s for a rise in your ranking, everlasting and complete standing, or securing further compensation like SMC-Ok or SMC-S—Incapacity Legislation Group is right here to assist. With lawyer Taylor Fenner’s experience, we’ll work with you each step of the best way, simply as we did with the veteran, to make sure that your service is acknowledged and that you just obtain the assist you want to dwell with dignity and peace of thoughts.
Contact Incapacity Legislation Group right this moment for a free session. We’re able to combat for the advantages you’ve earned and alter your life, identical to we did for the veteran.
