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Sean Kendall

Franklin Wins Second Chance for Veteran with Low Back Disability


Blog Category:
2/28/2018
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Attorney Tim Franklin won a second chance for a veteran with a low-back disability.

Gabriel is a Navy Veteran with a Low Back Disability

Gabriel served in the United States Navy for several years. Upon his return, he tried to do what many injured veterans do: apply for disability benefits. However, what should have been a simple process turned into a multi-year battle.

Gabriel hoped to claim benefits based on his low-back disorder. When he brought his claim to his regional office (“RO”), he received an unsatisfactory decision, so he appealed to the Board of Veterans’ Appeals (“the Board”). Upon hearing his case, the Board denied that his low-back disorder was service connected, so he appealed to the Court of Appeals for Veterans’ Claims (“the Court”). When the Court heard his claim, four years after he filed with his RO, it caught a mistake which should have been caught much earlier: the medical examination on which the Board relied, which stated that Gabriel’s low-back disorder was not likely service connected, was completely without rationale.

Attorney Tim Franklin Helped Gabriel Secure a New Medical Examination and a New Chance at Benefits

Medical examinations are hugely important when it comes to securing disability benefits. They often serve as a touchstone for ROs, the Board, and the Court when they are deciding whether a veteran’s disability is service connected.

Sadly, VA medical examinations are often haphazard and miss critical pieces of information. Or, as in Gabriel’s case, they lack any rationale at all.

With Attorney Tim Franklin as his representative, Gabriel convinced the Board to give him a second chance. The Board ordered the VA to provide a new medical examination – one with a meaningful degree of detail and rationale – regarding whether Gabriel’s disability is service connected and, therefore, eligible for benefits. The Board also offered Gabriel a chance to submit additional medical documentation to support his claim. Finally, Gabriel was granted a chance to have his case reassessed in light of the new examination and medical documents.

The Board made it clear that Gabriel’s case should be handled expeditiously.

How You Can Win the Benefits You Deserve

If you or a loved one suspect that the VA may have made an erroneous decision on your case based on an irrational medical examination, don’t hesitate to contact us. With decades of experience appealing erroneous denials and unacceptable rating decisions issued by RO’s, we are confident we can win you the benefits you deserve in a timely manner. When you are ready, send us a note or call us at (877) 629-1712 to discuss your appeal. 

 

Disclaimer: All names and places have been changed to protect confidentiality. All cases are different and results will vary depending on the facts. Call us at (877) 629-1712 to discuss the facts of your case.



Category: Physical Disabilities


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