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Sean Kendall

Sean Kendall Wins TDIU Benefits for a Veteran with PTSD and IBS


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12/31/2017
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Attorney Sean Kendall overturned a Regional Office’s (“RO”) decision and won Total Disability Individual Unemployability (“TDIU”) benefits for an Army veteran suffering from Post-Traumatic Stress Disorder (“PTSD”) and Irritable Bowel Syndrome (“IBS”).

Sam’s Story

Sam heroically served on active duty in the Army for over 20 years. Sadly, like far too many Servicemen and women, he developed PTSD and IBS during his time in service. He was exceptionally talented – successfully completing the training and education required to be a social worker and serving as a therapist despite his health struggles. At one point, however, he was required to pass an advanced licensing test to keep his job. Despite his best attempts, the concentration and memory problems caused by his PTSD made it impossible to pass. Finding himself at a standstill, he turned to Attorney Sean Kendall.

Attorney Sean Kendall Created a Strategy to Help Sam Win the Benefits He Needed

Realizing that Sam was going to lose his job, Kendall determined that the most important step was to secure TDIU benefits. TDIU benefits provide compensation at a 100% disability rating to qualifying veterans. A veteran is qualified if she or he: 1) has one disability rated at 60% or two or more disabilities, one of which is rated at 40% or more, which create a combined rating of 70% or higher; and 2) is unable to maintain substantially gainful employment. Kendall knew that if Sam could win TDIU, he would be provided with at least $2900 a month – enough compensation to meet his basic needs.

 As happens all too frequently, Sam’s initial TDIU application was denied by his RO. While Sam’s combined disability rating was 80%, the RO determined that Sam was able to maintain substantially gainful employment. Of course, in reality, Sam wasn’t able to work, and so it was crucial that he win his TDIU benefits on appeal. Kendall drew upon his decades of experience representing veterans with PTSD and focused on one key element of the case when taking Sam’s claim to the Board of Veterans’ Appeals: the Department of Veterans’ Affairs examiner’s evaluation.

Kendall pointed out the things in the evaluation which made it clear that Sam’s PTSD and IBS prevented him from maintaining substantially gainful employment. The examiner had found, for example, that Sam’s PTSD caused him to suffer from defensive avoidance, hypervigilance, suspiciousness, pessimism, a lack of concentration, isolation, depression, lack of sleep, and memory loss, and that his IBS made it difficult for him to maintain a normal work day.

In the face of this information, the Board determined that Sam was unable to maintain substantially gainful employment, and TDIU benefits were awarded.

TDIU Can Provide Renewed Hope and Financial Stability for Veterans

Sam is one of many veterans whose service-connected disabilities have disrupted their careers, finances, and relationships. When a veteran works with an attorney to appeal a negative RO decision and win the benefits they deserve, the results can be life changing.

If you or a loved one have been through an experience similar to Sam’s, we are here to help. With decades of experience appealing denials and unacceptable rating decisions issued by RO’s, we are confident we can win you the benefits you are entitled to. 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: Unemployability Claims for Veterans


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