Another VSG win! Vietnam Veteran gets Service Connection increase for PTSD and TDIU!

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.

Dear Friends and Clients,

In furtherance of our firm’s culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can.

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Finkelstein & Partners, LLP