Attorney Sean Kendall won a second chance for a Vietnam veteran after the Department of Veterans’ Affairs failed to fairly adjudicate his claim.
Sean Kendall Stepped in To Earn a Fair Disability Benefits Determination for a Vietnam Vet
At the Law Offices of Attorney Sean Kendall, we handle all types of appeals. Sometimes the issues at hand are substantive, and so we parse through the evidence to win veterans the benefits they deserve. Other times, we make an appeal because the VA has failed to do its job, and we are required to step in to make sure our client receives a fair determination on their benefits claim. That is what happened to Ronald, a Vietnam vet whose benefits claim was thwarted by a series of VA errors.
The VA Failed to Provide Ronald with a Hearing by a Decision Review Officer
Every veteran has a right to a hearing by a Decision Review Officer upon appeal. Yet, when Ronald requested one as part of his peripheral neuropathy appeal, the VA failed to schedule the hearing.
The VA Failed to Fulfill Its Duty to Assist
The VA has a duty to assist veterans with identifying and obtaining evidence to support their disability claims. However, in Ronald’s case, the VA failed to fulfill this duty in two ways.
First, the VA failed to consider available evidence of Ronald’s peripheral neuropathy, despite acknowledging the existence of such evidence.
Second, although the VA recognized that Ronald was receiving Social Security benefits, a fact which could help support his claim for VA benefits, the VA failed to make adequate efforts to establish the significance of Ronald’s Social Security benefits.
With the Help of Attorney Sean Kendall, Ronald Won a Second Chance
After evaluating the VA’s behavior as presented by Sean Kendall, the Board of Veterans’ Appeals ordered a “remand.” In other words, they ordered the regional office to try again. The Board specified that the regional office should make adequate efforts to secure the relevant documents from the Social Security Administration, obtain a new opinion regarding Ronald’s peripheral neuropathy, schedule Ronald’s long-awaited DRO hearing, and, finally, re-adjudicate Ronald’s claim.
How You Can Win the Benefits You Deserve
If you believe your disability benefits claim has been denied due to VA error, don’t hesitate to contact us. With decades of experience appealing denials and unacceptable rating decisions, we are confident we can win you the benefits you deserve. When you are ready, send us a note or call us at (877) 629-1712 to discuss the possibility of an 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.