The veteran came to VSG seeking to appeal an unfavorable decision, which denied him an increased rating for service connection for PTSD. VSG handled the appeal of his case to the U.S. Court of Appeals for Veteran’s Claims and was granted a remand. On remand, VSG submitted additional evidence in further support of his claim. On April 4, 2013, the Board issued a decision increasing the veteran’s rating for PTSD from 30% to 70% and also gave him a 100% rating for TDIU. (Total Disability Individual Unemployability), retroactive to February of 2008, which is when this particular claim originated. The veteran served honorably in the U.S. Army from 1966-1968. He saw heavy combat in Vietnam and experienced many horrors. Upon his honorable discharge, his life was significantly and negatively impacted due to the PTSD he developed as a result of his combat experience. He sought disability assistance from the VA initially in 2005. He was awarded a 30% rating for PTSD in 2005 and applied for an increase in 2008. Despite a three-month period of hospitalization to treat his PTSD, and his VA physician’s recommendations for an increased rating, inclusive of unemployability, and, the fact that the Social Security Administration had rendered him totally disabled, the Board denied his claim for an increased rating. VSG appealed to the Court and during the pendency of the appeal, entered into a joint remand with the VA. On remand, all of this evidence was brought again to the Board’s attention, as well as additional statements from the veteran’s VA physician in support of his claim. As a result, after a very long wait, the Board finally considered the competent evidence before it and issued a very favorable and just result for this veteran. Prior results do not guarantee a similar outcome.
Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties.
An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.